Majority
p. 1042The People of the State of New York, Appellant, v Ricky White, Respondent. [614 NYS2d 962]
—Order unanimously affirmed and indictment dismissed. Memorandum: County Court properly concluded that defendant’s arrest was without probable cause and therefore properly suppressed the physical evidence obtained from defendant (see, People v Be Bour, 40 NY2d 210 ). The indictment is dismissed (see, People v Ryan, 195 AD2d 1053 ). (Appeal from Order of Monroe County Court, Maloy, J.—Suppress Evidence.) Present—Denman, P. J., Fallon, Wesley, Davis and Boehm, JJ.
Cases cited
- People v. De Bour 40 NY2d 210 p. 1042