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PEOPLE v. FOSTER

209 A.D.2d 348 (1994)

619 N.Y.S.2d 22

The People of the State of New York, Respondent, v. Dushon Foster, Also Known as Ivien Jones, Appellant

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

November 29, 1994

By order of this Court entered October 14, 1993 [197 A.D.2d 411], this appeal was originally held in abeyance and the matter remanded to the trial court for a hearing on defendant's motion to suppress physical evidence. The hearing mandated by this Court's order was held on January 3, 1994.

At the hearing only Officer Michael Davin testified. The witness stated that at approximately 11:45 A.M., while he was seated in uniform in...

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