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PEOPLE v. MANRIQUE

57 A.D.3d 265 (2008)

867 N.Y.S.2d 916

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR MANRIQUE, Appellant.

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

December 9, 2008.

Defendant's motion to suppress merchandise recovered from his possession by a store security guard was properly denied without a hearing because he failed to allege facts raising an issue as to state action (see People v Parris, 220 A.D.2d 254 [1995], lv denied 87 N.Y.2d 976 [1996]). Unlike the situation in People v Mendoza (82 N.Y.2d 415, 433-434 [1993]) and People v Green

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