PEOPLE v. CLARK


262 A.D.2d 1051 (1999)

692 N.Y.S.2d 274

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD CLARK, Appellant.

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

Decided June 18, 1999.


Judgment unanimously affirmed.

Memorandum:

Supreme Court erred in denying defendant's motion to suppress identification testimony without placing its findings of fact and conclusions of law upon the record as required by CPL 710.60 (6) (see, People v Smith, 179 A.D.2d 1022, lv denied 79 N.Y.2d 1007). "The failure to do so is not fatal, however, where, as here, there has been a full and fair hearing. In such...

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