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PEOPLE v. ROSARIO

151 Misc.2d 1007 (1991)

The People of the State of New York, Plaintiff, v. Jose Rosario, Defendant.

Supreme Court, Queens County.

August 8, 1991

Attorney(s) appearing for the Case

Wilfrid E. Marrin for defendant. Richard A. Brown, District Attorney (Umberto Guido of counsel), for plaintiff.

PHYLLIS ORLIKOFF FLUG, J.

The defendant, indicted, inter alia, on charges of criminal possession of a controlled substance in the fifth degree, has moved for an order suppressing physical evidence seized from his person, after his arrest, while being treated at a hospital.

A Mapp hearing was conducted before this court on July 26, 1991. The People called as their sole witness New York City

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