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PEOPLE v. ROBERTSON

7829. 3679/15.

167 A.D.3d 451 (2018)

87 N.Y.S.3d 470

2018 NY Slip Op 08363

The People of the State of New York, Respondent, v. Michael Robertson, Appellant.

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

Decided December 6, 2018.

The court properly denied defendant's suppression motion, without granting a hearing, regarding items recovered by a department store security guard. Defendant failed to allege facts supporting a finding that the store employee was a state actor (see People v Cates, 139 A.D.3d 455 [1st Dept 2016]; People v Manrique, 57 A.D.3d 265 [1st Dept 2008], lv denied 12 N.Y...

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