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PEOPLE v. CATES

1087, 3732/13.

139 A.D.3d 455 (2016)

29 N.Y.S.3d 790

2016 NY Slip Op 03656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM CATES, Appellant.

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

Decided May 10, 2016.

The court properly denied, without a hearing, defendant's motion to suppress merchandise recovered from his possession by a store security guard, because defendant failed to allege facts raising an issue as to state action (see People v Manrique, 57 A.D.3d 265 [1st Dept 2008], lv denied 12 N.Y.3d 760 [2009]). Unlike the situation in People v Mendoza (82 N.Y.2d 415...

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