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STATE v. PHILLIPS

No. COA98-460.

513 S.E.2d 568 (1999)

STATE of North Carolina v. Kenneth Ray PHILLIPS.

Court of Appeals of North Carolina.

April 6, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Associate Attorney General Anne M. Middleton, for the State.

Public Defender Isabel Scott Day by Assistant Public Defender Julie Ramseur Lewis, Charlotte, for defendant-appellant.

EAGLES, Chief Judge.

First we consider whether the trial court erred in summarily denying defendant's motion to suppress. Defendant argues that the affidavit implicitly adopted the specific facts "as alleged in this Motion to Suppress" and identified the source of that information as the discovery provided by the State. Defendant contends that when read together, the affidavit and motion to suppress are sufficient to meet the requirements of G.S. 15A-977(a) and the...

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