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The People of the State of New York v. Ricky White
—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 Be Bour, 40 NY2d 210). The indictment is dismissed (see, People v Ryan, 195 AD2d 1053). (Appeal from Order of Monroe County Court, Maloy, J.—Suppress Evidence.) Present—Denman, P. J., Fallon, Wesley, Davis and Boehm, JJ.