PEOPLE v. BARCLAY


201 A.D.2d 952 (1994)

607 N.Y.S.2d 531

The People of the State of New York, Appellant, v. Wayne Barclay, Also Known as Dwight D. Bennett, Sean Grossett, Also Known as Steve Cross, and Perry A. Rumnit, Jr., Respondents

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

February 4, 1994


Order unanimously reversed on the law, motions denied and matter remitted to Onondaga County Court for further proceedings on the indictment.

Memorandum:

County Court erred in granting defendants' motion to suppress the physical evidence seized by the police. The testimony at the suppression hearing establishes that defendant Barclay was lawfully arrested for exposure of a person, a violation (Penal Law § 245.01), which was committed in the officer's...

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