PEOPLE v. OTERO


51 A.D.3d 553 (2008)

858 N.Y.S.2d 157

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISMAEL OTERO, Appellant.

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

Decided May 22, 2008.


Although the court granted defendant a Dunaway hearing on the issue of whether an undercover officer's identification of defendant was the fruit of an unlawful seizure, it summarily denied defendant's motion to suppress physical evidence. As the People concede, defendant is entitled to a hearing on his motion to suppress money recovered from his person. However, contrary to the People's argument, we find that the hearing should also encompass defendant's motion to...

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