People v. Cates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Thomas Farber, J., at omnibus motion; Ruth Pickholz, J., at jury trial and sentencing), rendered April 8, 2014, convicting defendant of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
The court properly denied, without a hearing, defendant’s motion to suppress merchandise recovered from his possession by a store security guard, because defendant failed to allege facts raising an issue as to state action (see People v Manrique, 57 AD3d 265 [1st Dept 2008], lv denied 12 NY3d…
2Cases cited3 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. ManriqueAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BayronAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by7 opinions
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- People v. LiliAppellate Division of the Supreme Court of the State of New York · 2024
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2022
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