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PEOPLE v. JONES

2904, 2871/06

73 A.D.3d 662 (2010)

901 N.Y.S.2d 474

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESTER Q. JONES, Appellant.

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

Decided May 27, 2010.

The motion court erred in summarily denying defendant's motion to suppress a lineup identification as the fruit of an illegal arrest or detention. Defendant clearly raised a factual issue as to when and where he was arrested, or otherwise taken into custody, so as to raise a Fourth Amendment issue (see People v Mendoza, 82 N.Y.2d 415, 426 [1993]). Although the voluntary disclosure form could be interpreted as stating that defendant...

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