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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILBERT BLANKS, Appellant.

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.

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PEOPLE v. BLANKS
(Dec 20, 1974)