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PEOPLE v. FREEMAN

No. 70 SSM 1.

29 N.Y.3d 926 (2017)

72 N.E.3d 565

50 N.Y.S.3d 30

2017 NY Slip Op 02090

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRION B. FREEMAN, Appellant.

Court of Appeals of New York.

Decided March 23, 2017.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( James A. Hobbs of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Robert J. Shoemaker of counsel), for respondent.

Chief Judge DiFiORE and Judges RIVERA, ABDUS-SALAAM, STEIN, FAHEY, GARCIA and WILSON concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's plea vacated, that portion of his motion which requested suppression of tangible property and statements obtained following the entry into defendant's residence granted, the first and second counts of the indictment dismissed, and the case remitted to County Court for further proceedings on the third count of the indictment. Applying the factors outlined...

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