PEOPLE v. MERCADO


178 A.D.2d 986 (1991)

The People of the State of New York, Appellant, v. Enrique Mercado, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 26, 1991


Order affirmed and indictment dismissed.

Memorandum:

The People appeal from an order granting defendant's motion to suppress evidence seized from him after he exited a bus at the Buffalo bus terminal. The court found that the police had no basis to approach or stop defendant and that defendant did not consent because his actions "constituted a yielding to overbearing official pressures." Those findings are supported by the record (see, People v Irizarry...

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