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  5. 69 N.Y.2d 1031 (1987)
 

PEOPLE v. BORGES

69 N.Y.2d 1031 (1987)

The People of the State of New York, Respondent, v. Joseph Borges, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1987.

Attorney(s) appearing for the Case

Alan Epstein and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (David K. Bertan and Lee S. Gayer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be modified by remitting the case to Supreme Court, Bronx County, for a determination whether defendant's consent to search his apartment was sufficiently an act of free will to purge the primary taint of the illegal arrest.

On this appeal, the People concede that defendant was illegally arrested (Payton v New York, 445 U.S. 573

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