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PEOPLE v. ALDRICH-O'SHEA

6 Misc.3d 35 (2004)

789 N.Y.S.2d 804

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KIM ALDRICH-O'SHEA, Respondent.

Supreme Court, Appellate Term, Second Department.

December 9, 2004.

Attorney(s) appearing for the Case

Francis D. Phillips, II, District Attorney, Goshen (Andrew R. Kass of counsel), for appellant.

Larkin, Axelrod, Trachte & Tetenbaum, L.L.P., Newburgh (John Ingrassia of counsel), for respondent.

McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ., concur.

OPINION OF THE COURT

Memorandum.

Order unanimously modified on the law by vacating the provisions thereof dismissing the accusatory instrument, suppressing defendant's statements and determining that defendant's arrest was without probable cause, accusatory instrument reinstated and matter remanded to the court below for a determination de novo of the branch of defendant's motion seeking to suppress evidence; as so modified, affirmed.

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