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PEOPLE v. HENDERSON

217 A.D.2d 421 (1995)

629 N.Y.S.2d 239

The People of the State of New York, Respondent, v. Mario Henderson, Appellant

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

July 6, 1995

Defendant's motion to suppress anticipated testimony of confirmatory identification by an undercover police officer involved in a buy and bust operation (see, People v Wharton, 74 N.Y.2d 921) as the fruit of an unlawful arrest was properly denied without a hearing. Defendant's conclusory allegation that his behavior just prior to the arrest was "legal and otherwise innocuous" was not tantamount to a denial of drug dealing...

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