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PEOPLE v. VASQUEZ

173 A.D.2d 580 (1991)

The People of the State of New York, Respondent, v. Jose Vasquez, Appellant

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

May 13, 1991

Ordered that the judgment is reversed, on the law, that branch of the defendant's motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The hearing record demonstrates that the defendant was a passenger in a car which was double-parked when Police...

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