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PEOPLE v. HILL

No. 80 SSM 13.

33 N.Y.3d 1076 (2019)

128 N.E.3d 676

104 N.Y.S.3d 598

2019 NY Slip Op 05187

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYHEAME HILL, Appellant.

Court of Appeals of New York.

Decided June 27, 2019.

Attorney(s) appearing for the Case

Dechert LLP, New York City ( Hector Gonzalez , Siobhan M. Namazi and Timothy Ly of counsel), and Janet E. Sabel , The Legal Aid Society, New York City ( David Crow and Andrew C. Fine of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight of counsel), for respondent.

Chief Judge DiFIORE and Judges STEIN, GARCIA and FEINMAN concur; Judge FAHEY dissents in an opinion in which Judges RIVERA and WILSON concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. We conclude that, on this record, there is no basis to disturb the suppression determination. Contrary to the dissent, the Appellate Division did not run afoul of our decision in People v LaFontaine (92 N.Y.2d 470 [1998]) or its progeny (see People v Nicholson, 26 N.Y.3d 813, 826 [2016...

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