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PEOPLE v. TAYLOR

294 A.D.2d 825 (2002)

741 N.Y.S.2d 822

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THEODORE L. TAYLOR, Respondent. (Appeal No. 1.)

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law and the motion is denied.

Memorandum:

We agree with the People that County Court erred in granting the motion of defendant to suppress evidence seized from his person after his arrest. The court determined that defendant was properly arrested for violating a municipal open container ordinance in the arresting officer's presence (see CPL 140...

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