Opinion
Argued December 17, 1974
Decided December 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY, J.
Arthur T. Cambouris and William E. Hellerstein 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 department had probable cause to search or arrest the defendant, the motion to suppress the weapon should have been granted.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.