PEOPLE v. O'HARE

2008-00785

73 A.D.3d 812 (2010)

900 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW O'HARE, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 4, 2010.


Ordered that the judgment is reversed, on the law and the facts, those branches of the defendant's omnibus motion which were to suppress physical evidence are granted, the indictment is dismissed, and the matter is remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant was charged by indictment with operating a vehicle without a seat belt (see Vehicle and Traffic Law §...

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