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PEOPLE v. BAILEY

218 A.D.2d 569 (1995)

630 N.Y.S.2d 499

The People of the State of New York, Respondent, v. Stanley Bailey, Appellant

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

August 17, 1995

The appeal should be held in abeyance, and the matter remitted to the Supreme Court for a Mapp hearing (Mapp v Ohio, 367 U.S. 643). It was error to deny the defendant's motion to suppress physical evidence summarily.

In an affirmation in support of the motion, defense counsel alleged that:

"11. On June 13, 1991 at approximately 5:55 pm, Mr. Bailey was standing in the...

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