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PEOPLE v. SMITH

179 A.D.2d 1022 (1992)

The People of the State of New York, Respondent, v. Andre Smith, Appellant

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

January 31, 1992

Judgment unanimously affirmed.

Memorandum:

County Court erred by denying defendant's motion to suppress identification testimony without placing its findings of fact and conclusions of law upon the record as required by CPL 710.60 (6). Nevertheless, defendant had a full and fair hearing on his suppression motion and the record permits review of the court's determination (see, People v Gaspar, 132 A.D.2d 990

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