PEOPLE v. VARGAS

2010-02908.

89 A.D.3d 771 (2011)

931 N.Y.S.2d 683

2011 NY Slip Op 7867

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN VARGAS, Appellant.

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

Decided November 1, 2011.


Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, and a new trial is ordered.

On July 16, 2008, at approximately 1:00 A.M., a police officer driving an unmarked vehicle with two partners received a radio report of an armed robbery committed by two suspects, described as a black male and a Hispanic male, who fled in a two-door, silver sedan. Approximately 10 minutes later...

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