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PEOPLE v. BURCH

59 A.D.3d 266 (2009)

873 N.Y.S.2d 576

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRISON BURCH, Appellant.

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

Decided February 19, 2009.

Summary denial of defendant's motion for a Dunaway hearing was proper since defendant's allegations failed to raise a legal basis for suppression (see People v Lopez, 5 N.Y.3d 753 [2005]; People v Mendoza, 82 N.Y.2d 415 [1993]). Defendant was fully aware that his arrest was based on the complaint of a citizen victim regarding an incident that occurred prior to his arrest, and his...

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