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PEOPLE v. MENDOZA

186 A.D.2d 458 (1992)

The People of the State of New York, Respondent, v. Rafael Mendoza, Also Known as Raphael Mendoza, Appellant

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

October 22, 1992

The IAS Court properly denied defendant's motion for a Mapp hearing on the ground that the motion and response papers established that the stop and search of defendant herein was conducted by a private store security guard, with no governmental participation (People v Jones, 47 N.Y.2d 528, 533). The clearly speculative allegation set forth in defendant's moving papers, that the private...

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