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PEOPLE v. DAVIS

6129/05, 9270.

106 A.D.3d 144 (2013)

963 N.Y.S.2d 48

2013 NY Slip Op 2337

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRELL DAVIS, Appellant.

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

Decided April 4, 2013.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Katheryne M. Martone of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sylvia Wertheimer and Eleanor J. Ostrow of counsel), for respondent.

ANDRIAS, J.P., FREEDMAN and GISCHE, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

Prior to pleading guilty, defendant moved to suppress a gun, recovered from his pocket, and videotaped statements he made to the prosecution as fruits of an unlawful seizure. He also moved to suppress the statements as obtained in violation of his Miranda rights. We conclude that the facts disclosed in the record were such as to warrant a person of reasonable caution to...

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