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PEOPLE v. MIDGETT

86 Misc.2d 1003 (1976)

The People of the State of New York, Appellant, v. William Midgett, Respondent.

Supreme Court, Appellate Term, Second Department.

January 29, 1976

Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney (Kevin J. Crowley of counsel), for appellant. Shapiro, Somer & Gold (Stanley L. Shapiro of counsel), for respondent.

Concur: GLICKMAN, P.J., PITTONI and GAGLIARDI, JJ.

MEMORANDUM.

Orders unanimously reversed, on the law, information reinstated and motion to suppress denied.

The People appeal from an order granting defendant's motion to suppress physical evidence and a subsequent order dismissing the information because the People were unable to proceed to trial without the suppressed evidence.

Defendant contends that the appeal should be dismissed because the People have...

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