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PEOPLE v. MOSS

22 A.D.3d 329 (2005)

802 N.Y.S.2d 148

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE MOSS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 13, 2005.

Defendant was convicted of the killing and sexual abuse of a 10-year-old neighbor who had returned from school. Her body was found in the hallway with a trail of vomit leading to the door of defendant's apartment. The court properly denied defendant's motion to suppress clothing seized from him while he was unlawfully detained, because the seizure was not the product of the illegal detention, but of police investigation, which established...

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