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PEOPLE v. DUPREY

98 A.D.2d 110 (1983)

The People of the State of New York, Respondent, v. Harvey Duprey, Also Known as Harvey Rios, Appellant

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

December 8, 1983

Attorney(s) appearing for the Case

Thomas P. Legenhausen and Hillard Wiese of counsel (William E. Hellerstein, attorney), for appellant.

William N. Fordes of counsel (John Latella with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

ROSS and CARRO, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., concurs in result only; SULLIVAN, J., concurs in a separate opinion.

MURPHY, P. J.

The overriding question presented upon appeal is whether the motion to suppress was correctly denied.

Police Officer James Serra was the only witness to testify at the suppression hearing. He had received a "steer" that narcotics were being sold in apartment 4-D at 622 East 11th Street. About 8:30 P.M., he went to that apartment with Officers Gonzalez and Benson. The three officers were dressed in civilian clothes.

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