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PEOPLE v. GREEN

33 A.D.3d 452 (2006)

822 N.Y.S.2d 441

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GREEN, Appellant.

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

Decided October 19, 2006.

Under People v Mendoza (82 N.Y.2d 415, 425, 433-434 [1993]), defendant is entitled to a hearing on the purely factual issue of whether or not the security guard involved in his detention was licensed to exercise police powers, or acting as an agent of the police. We find no meaningful distinction between the motion record in this case, and that which led the Mendoza court to grant the defendant this type...

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