Order affirmed and indictment dismissed.
Memorandum:
We affirm for reasons stated in decision at County Court (Wisner, J.). We add that the People's reliance on Penal Law § 35.27 on this suppression motion is misplaced. That section relates only to the defense of "[j]ustification; use of physical force in resisting arrest prohibited" (Penal Law § 35.27) and, under the circumstances of this case, does not provide a substantive basis for the officer...
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