People v Packer, 10 NY3d 915 (2008)

2008 NY Slip Op 05774 [10 NY3d 915]
June 25, 2008
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Appellant,
v
Andrew Packer, Respondent.

Decided June 25, 2008

People v Packer, 49 AD3d 184, affirmed.

{**10 NY3d at 916} OPINION OF THE COURT

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. [*2]

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

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. .