PEOPLE v. HOLDER


198 A.D.2d 435 (1993)

605 N.Y.S.2d 912

The People of the State of New York, Respondent, v. Clarence Holder, Appellant

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

November 22, 1993


Ordered that the judgment is affirmed.

The conclusory allegations made in the affirmation of the defendant's attorney, in support of the branch of his motion seeking suppression of physical evidence, were insufficient to raise a triable issue of fact concerning probable cause for his arrest. Although the hearing court should not have considered the substance of certain videotapes and audiotapes in purportedly reaching the issue of probable cause on the merits,

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