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PEOPLE v. MERCADO

251 A.D.2d 269 (1998)

675 N.Y.S.2d 60

The People of the State of New York, Respondent, v. Pedro Mercado, Appellant

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

June 30, 1998

Defendant's suppression motion was properly denied. Assuming that the officer's single question was a common-law inquiry, we find that it was supported by the proper predicate (see, People v Hollman, 79 N.Y.2d 181). Internal Affairs officers were investigating an incident in which defendant had been seen passing a weapon to an off-duty officer, and approached defendant solely to question him as a witness. They were also aware...

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