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PEOPLE v. GARCIA

Ind. No. 3421/15. Appeal No. 14546. Case No. 2016-02744.

199 A.D.3d 425 (2021)

153 N.Y.S.3d 855

2021 NY Slip Op 06055

The People of the State of New York, Respondent, v. Manuel Garcia, Appellant.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Lawrence T. Hausman of counsel), and Milbank LLP, New York ( Thomas A. Quinn of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Rebecca Hausner of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

The court properly denied defendant's motion to suppress identification testimony and physical evidence as fruits of an allegedly unlawful arrest. Under the fellow officer rule (see People v Ketcham, 93 N.Y.2d 416, 419 [1999]), the arresting officer was entitled to rely on information from his sergeant, received in turn from an undercover officer, that a person meeting defendant's description was the second participant in a drug...

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