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PEOPLE v. MILLER

3455.

39 Misc.3d 782 (2013)

963 N.Y.S.2d 552

2013 NY Slip Op 23093

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ERIK G. MILLER, Respondent.

County Court, Yates County.

Decided April 1, 2013.

Attorney(s) appearing for the Case

Edward J. Brockman for respondent. Jason L. Cook , District Attorney ( Patrick T. Chamberlain of counsel), for appellant.

OPINION OF THE COURT

W. PATRICK FALVEY, J.

The amended decision and order of the Dundee Village Court dated December 3, 2012 is reversed on the law by vacating the provisions thereof dismissing the accusatory instruments, suppressing all evidence and determining defendant's arrest was without probable cause. The accusatory instruments are reinstated and the matter is remanded to the Village Court for a determination of the branch of defendant's motion seeking...

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