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PEOPLE v. RODRIGUEZ

33 A.D.3d 401 (2006)

822 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS RODRIGUEZ, Appellant.

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

Decided October 12, 2006.

The record fails to support defendant's assertion that the court should be deemed to have denied his motion for a Mapp hearing by failing to specifically grant it. On the contrary, the record supports the conclusion that the motion court in fact granted that request, and that the failure of its decision and order to reflect this was merely a clerical error regarding the nomenclature of the hearings granted. Furthermore, to...

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