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PEOPLE v. SNEED

Ind. No. 2073/17. Appeal No. 14269. Case No. 2019-3586.

199 A.D.3d 90 (2021)

153 N.Y.S.3d 464

2021 NY Slip Op 05095

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIR SNEED, Appellant.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Naila S. Siddiqui of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jared Wolkowitz of counsel), for respondent.

GISCHE, KAPNICK, KENNEDY and SHULMAN, JJ., concur.

OPINION OF THE COURT

For the reasons that follow, we conclude that defendant is entitled to a hearing on the factual issue of whether or not the store security guard involved in his detention was licensed to exercise police powers, or acting as an agent of the police. Contrary to the People's contention, at the time of his...

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