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PEOPLE v. JONES

210 A.D.2d 91 (1994)

620 N.Y.S.2d 948

The People of the State of New York, Respondent, v. Alvin Jones, Appellant

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

December 13, 1994

Inasmuch as defendant's supplementary papers submitted in support of his motion for a suppression hearing created an issue of fact as to whether the money found on his person was constitutionally obtained pursuant to an unlawful arrest, which issue could only be resolved upon a hearing, the motion court erred in summarily denying defendant's motion (People v Sierra, 179 A.D.2d 601, 602, lv dismissed 79 N.Y.2d 1054; People...

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