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PEOPLE v. FRANK

5401, 6415/03.

89 A.D.3d 517 (2011)

932 N.Y.S.2d 474

2011 NY Slip Op 8188

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNELL FRANK, Appellant.

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

Decided November 15, 2011.

Following our remittitur (People v Frank, 65 A.D.3d 461 [2009]), Supreme Court conducted a hearing and properly denied the motion to suppress. Defendant's contention that Supreme Court incorrectly limited the scope of the suppression hearing to issues arising out of Payton v New York (445 U.S. 573 [1980]) is not preserved for our review (see CPL 470.05 [2]), and we decline to exercise...

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