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PEOPLE v. LINDSAY

191 A.D.2d 990 (1993)

595 N.Y.S.2d 161

The People of the State of New York, Respondent, v. Michael E. Lindsay, Appellant

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

March 12, 1993

Judgment unanimously reversed on the law, motion granted and new trial granted.

Memorandum:

The record of the suppression hearing does not support the suppression court's factual finding that the police observed defendant hand a brown bag and white bundle to his brother. The hearing transcript reveals only that the officer observed defendant and his brother walking across the street. Absent evidence that the officer...

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