New York Court of Appeals, 1974

People v. Blanks

People v. Blanks
New York Court of Appeals · Decided December 20, 1974
35 N.Y.2d 942; 324 N.E.2d 550; 365 N.Y.S.2d 169; 1974 N.Y. LEXIS 1093

People v. Blanks

Opinion of the Court

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 *944department 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.

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