PEOPLE v. KELLY


41 A.D.2d 899 (1973)

The People of the State of New York, Respondent, v. Andrew J. Kelly, Appellant

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

April 13, 1973


Judgment unanimously reversed and indictment dismissed.

Memorandum:

Upon the appeal from a judgment of conviction upon a plea of guilty, we reserved decision, held the case and remitted the matter for further proceedings in accordance with a Memorandum (40 A.D.2d 624). We are now informed by the District Attorney that the motion to suppress evidence was granted and that a conviction cannot be obtained without the suppressed...

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