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PEOPLE v. HARRIS

124 A.D.2d 472 (1986)

The People of the State of New York, Respondent, v. Bernard Harris, Appellant

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

November 6, 1986

Sandler, J. P. (concurring).

It may be that the somewhat ambiguous hearing testimony would have supported a factual finding by the hearing court that the defendant was arrested under circumstances that did not violate Payton v New York (445 U.S. 573). I am unable to agree, however, that the hearing court's finding that such a violation occurred was erroneous as a matter of law or contrary to the weight of the evidence...

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