STRIPPED OF EVIDENCE, DRUG CASE IS DISMISSED

Defense lawyer Holly Dobrosky has won a sexy drug case.

When it was over, the prosecution found itself stripped of its
evidence.

Dobrosky argued that cops illegally seized drugs from her client,
Thomas McCabe, 32, after he left a reputed house of prostitution that
was also used by drug dealers, on K Street near Tioga, on April 11.

After she claimed that there was no probable cause to search McCabe's
car as he began driving away, Municipal Judge William A. Meehan Jr.
granted a motion to suppress the evidence.

The prosecution knew the naked truth. It had no chance to dress up its
case.

When the district attorney's office failed to ask for 30 days to
appeal, Dobrosky immediately asked that the case be dismissed.

Meehan also granted that request.

Police found two packets of drugs on the front seat of the auto and
slated McCabe for possession of cocaine.

McCabe, a grocery store worker, made no statement.

Dobrosky said cops had no reason to believe McCabe had committed a
crime while he was inside the house shortly before noon.

She suggested that McCabe could have gone in for sex, to visit a
friend, or to check out a room rental.

"Just because he went in there and left didn't give the police the
right to search his car. They had not seen him doing anything wrong,"
said Dobrosky.

"They had no basis to stop him," she added. "They needed to see illegal
activity, they needed to have an undercover cop in there, or they
needed a confidential informant, and they didn't have that."

The attorney said cops still wouldn't have enough, even if they peeked
into the house and saw McCabe having sex.

"Who was he having sex with?" she asked. "How would they know the sex
was not with his wife, girlfriend or ex-girlfriend?"

McCabe said he doesn't plan anymore visits to the house.

"I'm going to stay as far away from that house as possible," he told
Dobrosky.