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PEOPLE v. COLLADO

304 A.D.2d 836 (2003)

759 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOEL COLLADO, Respondent.

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

Decided April 28, 2003.

Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

The defendant was a passenger in a van which was stopped by the police due to a defective brake light. The driver was arrested when the police found a "ziploc" bag in his possession containing...

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