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PEOPLE v. PRESCOTT

179 A.D.2d 1054 (1992)

The People of the State of New York, Appellant, v. Aubrey Prescott, Respondent

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

January 31, 1992

Order unanimously reversed on the law, motion denied and matter remitted to Erie County Court for further proceedings on the indictment, in accordance with the following Memorandum: The suppression court erred in suppressing the controlled substance seized from defendant based upon its determination that the initial confrontation of defendant by a border patrol agent violated the Constitution of the State of New York. As defendant...

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