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People v. Foster

Appellate Division of the Supreme Court of New York, First Department
Oct 14, 1993
197 A.D.2d 411 (N.Y. App. Div. 1993)

Opinion

October 14, 1993

Appeal from the Supreme Court, New York County, Robert Haft, J., Jerome Marks, J., Edward McLaughlin, J.


The support offered for the defendant's motion to suppress the physical evidence seized from him upon his arrest substantially complied with the requirements of CPL 710.60 (1) so as to warrant a hearing. Counsel adequately set forth the facts and circumstances surrounding the defendant's arrest as well as the source of statements made by her upon information and belief (Matter of Tyrell B., 177 A.D.2d 375; see, People v. Miller, 162 A.D.2d 248, lv dismissed 76 N.Y.2d 895). It is noted that the People's response to defendant's motion did not specifically address the statements made in support of the motion concerning the legality of the police officer's initial approach (cf., People v. Miller, supra).

Concur — Murphy, P.J., Wallach, Kupferman and Ross, JJ.


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, First Department
Oct 14, 1993
197 A.D.2d 411 (N.Y. App. Div. 1993)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUSHON FOSTER, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 14, 1993

Citations

197 A.D.2d 411 (N.Y. App. Div. 1993)
602 N.Y.S.2d 395