People v. Hartman

Friedmann, J.,

dissents and votes to affirm the order, with the following memorandum: Based on my review of the record, I agree with the Supreme Court’s determination that, under the facts of this case, the People failed to establish the existence of probable cause for the defendant’s arrest (see People v Hartman, 184 Misc 2d 801). Therefore, I respectfully dissent and would affirm the order of the Supreme Court which granted those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.

The People’s evidence at the suppression hearing…