The People &c. vs Andrew Packer, 1 No. 184 SSM 17 (N.Y. 2008)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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1 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