2008 NY Int. 102

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This opinion is uncorrected and subject to revision before publication in the Official Reports.

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2008 NY Slip Op 05774

Decided on June 25, 2008

No. 184 SSM 17

The People & c., Appellant,

v

Andrew Packer, Respondent.

Submitted by Eric Rosen, for appellant.

Submitted by Ellen Dille, for respondent.

MEMORANDUM

The order of the Appellate Division should be affirmed.

The court's determination — that defendant's consent was involuntarily given because it was insufficiently distinguishable from the illegal frisk — finds record support. The People's contention that the court applied an erroneous legal standard is unavailing.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided June 25, 2008