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  5. 80 N.Y.2d 952 (1992)
 

PEOPLE v. ROSSI

80 N.Y.2d 952 (1992)

The People of the State of New York, Respondent, v. James Rossi, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1992.

Attorney(s) appearing for the Case

Michael R. Gavenchak, New York City, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (David Joseph Mudd and Nikki Kowalski of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion granted to the extent of suppressing the arresting officer's testimony concerning defendant's postarrest conduct, and the indictment dismissed.

Defendant was arrested during the course of an investigation of illegal gambling activities allegedly being conducted in room 406 of a New York...

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