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PEOPLE v. PATTERSON

02180-2007.

2008 NY Slip Op 51671 (U)

THE PEOPLE OF THE STATE OF NEW YORK v. JAMES PATTERSON A/K/A JAMES PATERSON, Defendant

Supreme Court of the State of New York, Erie County.

Decided July 30, 2008.

Attorney(s) appearing for the Case

Frank J. Clark, ESQ., Erie County District Attorney, By: Brian D. Langenfeld Esq., Assistant District Attorney, for the People.

Anthony D. Abbarno, Esq., for the Defendant.

M WILLIAM BOLLER, J.

The defendant is charged by this indictment with Assault on a Police Officer in violation of PL §120.08.By motion dated March 26, 2008, the defendant seeks dismissal of the indictment claiming that the detention of the defendant was unlawful pursuant to People v DeBour 40 N.Y.2d 210.

On May 8, 2008, a hearing was conducted where police officers Michelle Pettys and David Krzemien of the Niagara...

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