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PEOPLE v. TIRADO

69 N.Y.2d 863 (1987)

The People of the State of New York, Respondent, v. Juan Antonio Tirado, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Salvatore D. Ferlazzo for appellant.

Sol Greenberg, District Attorney (Michael J. Connolly 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 County Court, Albany County, for a determination of the facts concerning the handcuffing of defendant, and, as so modified, affirmed.

Although the uncontradicted testimony at the suppression hearing indicated that defendant was handcuffed at some point during his encounter with the...

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