PEOPLE v. McCASKEY


46 A.D.2d 692 (1974)

The People of the State of New York, Appellant, v. Donald McCaskey, Respondent

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

October 28, 1974


Order reversed, on the law and the facts, defendant's motion to suppress denied and order of September 7, 1972 vacated.

Although the October 25 order purports to deny the People's request for reconsideration of the prior order, and, as such, would not be appealable, the record indicates that in fact the court did reconsider the prior order and adhered to the original determination. In this regard we note that in seeking reconsideration the People's supporting papers...

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