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PEOPLE v. HERNANDEZ

No. 211

22 N.Y.3d 972 (2013)

1 N.E.3d 785

978 N.Y.S.2d 711

2013 NY Slip Op 7658

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

Court of Appeals of New York.

Decided November 19, 2013.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Bonnie C. Brennan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Hope Korenstein and Patrick J. Hynes of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, RIVERA and ABDUS-SALAAM concur; Judge PIGOTT dissents in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Based on defendant's alleged attempt to rape his sister-in-law, defendant, a lawful permanent resident of the United States originally from the Dominican Republic, was charged with one count of attempted rape in the first degree, two counts of sexual abuse in the first degree and one count of attempted sexual abuse in the first degree. During a suppression hearing...

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