PEOPLE v. MIRANDA

4937

76 A.D.3d 466 (2010)

907 N.Y.S.2d 4

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARLOS MIRANDA, Respondent.

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

Decided August 24, 2010.


At the suppression hearing, the People called one witness, a police officer. Supreme Court "adopt[ed] his testimony in its entirety," finding that the officer, who was not cross-examined at the hearing, "testified candidly, credibly and to the best of his recollection." The officer testified that he approached defendant in a park in which various illegal activities occurred, for the purpose of issuing him a summons for being in the park after dusk. When defendant was taking...

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