People v. White

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RICKY WHITE, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 27, 1994

204 A.D.2d 1042 (N.Y. App. Div. 1994)

614 N.Y.S.2d 962

Opinion

May 27, 1994

Appeal from the Monroe County Court, Maloy, J.

Present — Denman, P.J., Fallon, Wesley, Davis and Boehm, JJ.

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. De Bour, 40 N.Y.2d 210). The indictment is dismissed (see, People v. Ryan, 195 A.D.2d 1053).