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PEOPLE v. NELSON

292 A.D.2d 397 (2002)

738 N.Y.S.2d 603

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES NELSON, Appellant.

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

Decided March 4, 2002.

Ordered that the judgment is reversed, on the law, the sentence imposed thereon is vacated, the robbery in the first degree count of the indictment is dismissed, and a new trial is ordered on the robbery in the second degree and robbery in the third degree counts of the indictment.

The defendant contends that identification evidence should be suppressed as the result of a warrantless arrest in his mother's home in violation of Payton v New York (

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