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PEOPLE v. PHILLIPS

11 A.D.3d 406 (2004)

783 N.Y.S.2d 373

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUIS PHILLIPS, Appellant.

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

October 28, 2004.

Upon defendant's appeal from his conviction, this Court remanded the matter to the Supreme Court for a Wade hearing and held the appeal in abeyance pending a disposition of defendant's suppression motion (4 A.D.3d 233 [2004]). Following the hearing held on April 2, 2004 (Scherer, J.), the court, by order dated April 14, 2004, denied defendant's motion to suppress the identification, a determination...

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