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PEOPLE v. CALHOUN

73 A.D.2d 972 (1980)

The People of the State of New York, Respondent, v. Ernest Calhoun, Appellant

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

January 28, 1980

The appeal also brings up for review the denial of the defendant's motion to suppress certain statements. Case remanded to Criminal Term to hear and report in accordance with the following memorandum and appeal held in abeyance in the interim. It is clear that when the defendant was handcuffed and taken to the police station he was arrested and therefore "seized" within the contemplation of the Fourth Amendment (see Dunaway v New York, 442 U.S. 200<...

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