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PEOPLE v. HOLMES

181 A.D.2d 27 (1992)

The People of the State of New York, Respondent, v. David Holmes, Appellant

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

June 23, 1992

Attorney(s) appearing for the Case

Beverly Van Ness of counsel (Philip L. Weinstein, attorney), for appellant.

David Joseph Mudd of counsel (Beth J. Thomas with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN, J. P., and MILONAS, J., concur with ELLERIN, J.; KUPFERMAN, J., concurs in a separate opinion.

ELLERIN, J.

The question before us on this appeal from a motion denying suppression of physical evidence is the propriety of the police conduct resulting in the recovery of that evidence in light of the decision by the United States Supreme Court in California v Hodari D. (499 US ___, 111 S.Ct. 1547, 113 L Ed 690).

At the hearing on defendant's motion to suppress, New York City Police Officers...

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