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PEOPLE v. SHEPARD

1029.

67 A.D.3d 446 (2009)

889 N.Y.S.2d 141

2009 NY Slip Op 08051

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX SHEPARD, Appellant.

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

Decided November 10, 2009.

Defendant argues that the trial court confused suppression and preclusion issues and that once the court suppressed the physical evidence on the ground that the police lacked probable cause to arrest defendant, it should also have suppressed the confirmatory identification as the fruit of an unlawful arrest (see People v Gethers, 86 N.Y.2d 159 [1995]). Instead, the trial court ordered a hearing pursuant to People v Wharton

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