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PEOPLE v. MILLER

463, 4084/09.

137 A.D.3d 515 (2016)

27 N.Y.S.3d 27

2016 NY Slip Op 01742

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD MILLER, Appellant.

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

Decided March 10, 2016.

The court properly denied defendant's suppression motion. The purchasing undercover officer's description of the seller included a very detailed clothing description, and there was sufficient proximity to the officer's observation of defendant coming out of a building he had entered after the sale to make it highly unlikely that the person arrested was not the seller, but an identically dressed innocent person (see People v...

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