PEOPLE v. MILLER


172 A.D.2d 446 (1991)

The People of the State of New York, Respondent, v. Vincent Miller, Appellant

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

April 30, 1991


Pursuant to a prior order of this Court (162 A.D.2d 248, lv dismissed 76 N.Y.2d 895), this appeal was held in abeyance and the matter remanded for a suppression hearing on the defendant's motion to suppress physical evidence. The hearing was held and a ruling rendered on November 5, 1990 (Allen G. Alpert, J.), denying the defendant's motion.

While defendant asserts the police officer's testimony at the hearing was "patently...

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