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PEOPLE v. SCIPIO

265 A.D.2d 276 (1999)

698 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESTER SCIPIO, Appellant.

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

Decided October 28, 1999.

While, concededly, defendant, in his moving papers in support of his Dunaway (Dunaway v New York, 442 U.S. 200) application, sought suppression of an out-of-court identification and confession on the basis of a Payton (Payton v New York, 445 U.S. 573) violation and lack of probable cause, the record shows that, at the hearing, both sides presented and argued the case as involving a...

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