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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANDREW PACKER, Respondent.

OPINION OF THE COURT

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.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, in a memorandum.

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PEOPLE v. PACKER
(Jun 25, 2008)