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PEOPLE v. MORENO

223 A.D.2d 450 (1996)

637 N.Y.S.2d 44

The People of the State of New York, Respondent, v. Oscar Moreno, Appellant

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

January 23, 1996

A hearing to determine probable cause for defendant's arrest was not necessary where no factual issue on a material point was raised in the motion papers (see, People v Mendoza, 82 N.Y.2d 415, 426). Defendant's motion papers conceded facts that clearly established both probable cause to arrest and the confirmatory nature of the identification by the undercover officer, who had been involved with defendant in narcotics negotiations...

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