People v. Blanks — 35 N.Y.2d 942

Majority

p. 942

The People of the State of New York, Respondent, v. Wilbert Blanks, Appellant.

Argued December 17, 1974;

decided December 20, 1974.

p. 943

Arthur T. Gambouris and William E. Heller stein for appellant.

Nicholas Ferraro, District Attorney (Alan M. Snyder of counsel), for respondent.

Order reversed and the indictment dismissed. In the absence of proof of the suppression hearing that the arresting officer, or the police, in any part of the department, or any other police

p. 944

department had prohable cause to .search or arrest the defendant, the motion to suppress the weapon should have been granted.

Concur: Chief Judge Bbeitel and Judges Jasen,. Gabbielli, Jones, Wachtlbr, Rabin and Stevens.