PEOPLE v. ALVAREZ


294 A.D.2d 442 (2002)

741 N.Y.S.2d 900

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LIONEL ALVAREZ, Respondent.

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

Decided May 13, 2002.


Ordered that the order is affirmed.

Contrary to the People's contention, the hearing court properly granted that branch of the defendant's omnibus motion which was to suppress the narcotics which were recovered at the time of his arrest. The record reveals that the arresting officer was on patrol in a police van when he observed the defendant walking down the street with his right arm around a female companion. From inside his vehicle, the officer saw that the defendant...

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