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PEOPLE v. BILAL

No. 31

27 N.Y.3d 961 (2016)

49 N.E.3d 1155

29 N.Y.S.3d 863

2016 NY Slip Op 02475

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHID BILAL, Appellant.

Court of Appeals of New York.

Decided March 31, 2016.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Rachel T. Goldberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Philip Morrow and David M. Cohn of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by remitting to Supreme Court for a suppression hearing. In the event that defendant prevails at the suppression hearing, a new trial should be ordered; alternatively, in the event that the People prevail, the judgment should be amended to reflect that result. As so modified, the order should be affirmed.

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