People v. Graham

OPINION OF THE COURT

Ronald H. Tills, J.

By omnibus motion dated March 19, 2002, defendant seeks various forms of relief, including dismissal of the indictment herein pursuant to CPL 210.20 (1) (h), on the basis that the arresting officer lacked the authority to act outside of the geographical area of his employment. By affidavit dated April 10, 2002, the District Attorney opposes defendant’s motion on two alternative theories, one the “anomalous situation” theory and second the “citizen’s arrest” theory.

*529Following a testimonial hearing conducted on May 30 and June 7, 2002, the court finds and…