PEOPLE v. PERRILLA


240 A.D.2d 313 (1997)

660 N.Y.S.2d 113

The People of the State of New York, Respondent, v. Sergio Perrilla, Appellant

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

June 24, 1997


The hearing court's refusal to address defendant's claim that he was arrested without probable cause was improper (People v Davis, 169 A.D.2d 379). Here, where defendant raised this issue in his omnibus motion, the People consented to a hearing that would encompass the issue, the motion court ostensibly ordered a hearing to include the issue and where, in the course of the hearing held, it became clear that defense counsel had been...

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