PEOPLE v. GRAHAM


192 Misc.2d 528 (2002)

748 N.Y.S.2d 203

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WILLIAM E. GRAHAM, Defendant.

Supreme Court, Erie County.

June 19, 2002.


Attorney(s) appearing for the Case

Emily Trott for defendant.

Frank J. Clark, III, District Attorney (Emilia Rodriguez of counsel), for plaintiff.


OPINION OF THE COURT

RONALD H. TILLS, J.

By omnibus motion dated March 19, 2002, defendant seeks various forms of relief, including dismissal of the indictment herein pursuant to CPL 210.20 (1) (h), on the basis that the arresting officer lacked the authority to act outside of the geographical area of his employment. By affidavit dated April 10, 2002, the District Attorney opposes defendant's motion on two alternative theories, one the "anomalous situation...

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