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PEOPLE v. HICKS

152 A.D.2d 932 (1989)

The People of the State of New York, Respondent, v. Roger Hicks, Appellant

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

July 12, 1989

Case held, decision reserved, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum:

The court erred in summarily denying defendant's motion to suppress tangible evidence seized from him during a border search. Because no hearing was conducted, the record is insufficient to allow us to determine whether there was "some" suspicion justifying the "pocket search...

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