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PEOPLE v. ELIO

193 Misc.2d 533 (2002)

750 N.Y.S.2d 738

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STEPHEN ELIO and WILLIAM NYE, Defendants.

City Court of Mount Vernon.

October 24, 2002.

Attorney(s) appearing for the Case

Judith Permutt, Scarsdale, for Stephen Elio, defendant.

Paul Pickelle, White Plains, for William Nye, defendant.

Jeanine Ferris Pirro, District Attorney, Mount Vernon, for plaintiff.

OPINION OF THE COURT

COLLEEN D. DUFFY, J.

Defendants Stephen Elio and William Nye, each charged with criminal trespass in the third degree (Penal Law § 140.10), and possession of graffiti instruments (Penal Law § 145.65), made an omnibus motion seeking a Dunaway, Huntley, Mapp and Wade hearing to suppress their arrest for lack of probable cause, suppress statements made to the police,...

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