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PEOPLE v. LA FONTAINE

235 A.D.2d 93 (1997)

664 N.Y.S.2d 587

The People of the State of New York, Respondent, v. Sixto La Fontaine, Appellant

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

November 6, 1997

Attorney(s) appearing for the Case

Anita Khashu of counsel, New York City (Claudia S. Trupp on the brief; Daniel L. Greenberg, attorney), for appellant.

Patrick E. Cox of counsel, New York City (Nancy Strohmeyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

SULLIVAN and WALLACH, JJ., concur with MAZZARELLI, J.; MURPHY, P. J., and TOM, J., dissent in a separate opinion by TOM, J. Judgment, Supreme Court, New York County, rendered on or about December 10, 1993, affirmed.

MAZZARELLI, J.

At issue on this appeal is whether the defendant's extraterritorial arrest in New York, by New Jersey detectives armed with arrest warrants issued by both State and Federal courts in New Jersey, was lawful. We must also decide whether a violation of this State's statutes conferring the power to arrest on certain classes of persons requires the remedy of suppression for any evidence obtained during...

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