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PEOPLE v. HICKS

40 A.D.2d 836 (1972)

The People of the State of New York, Respondent, v. Clarence Hicks, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1972

Judgment reversed on the law, and new trial ordered.

The appeal did not present questions of fact. The trial court failed to make findings after conducting a pretrial suppression hearing. Under these circumstances, before the new trial is held a new hearing should be held at which the court will make the required findings (People v. Growich, 38 A.D.2d 733). In its instructions to the jury the question of a tainted pretrial...

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