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PEOPLE v. TOMAY

49 A.D.3d 907 (2008)

853 N.Y.S.2d 891

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RUBEN TOMAY, Respondent.

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

Decided March 25, 2008.

Ordered that the order is affirmed.

Contrary to the People's contentions, the hearing court properly suppressed the pre-recorded "buy" money that was found in the defendant's pocket after the vehicle he was driving was stopped and detained during a so-called "buy and bust" operation (see CPL 140.50 [1], [3]; People v De Bour, 40 N.Y.2d 210, 223 [1976]; People v Martin...

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