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PEOPLE v. CALHOUN

78 A.D.2d 658 (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.

October 14, 1980

Criminal Term has now complied and rendered a report in accordance herewith. Judgment affirmed.

We agree with the findings of Criminal Term upon remand that (1) defendant was involuntarily brought to the police station in handcuffs for custodial questioning on less than probable cause, and was therefore illegally seized in violation of his Fourth Amendment rights (see Dunaway v New York, 442 U.S. 200); (2) during this illegal...

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