PEOPLE v. PARKER


205 A.D.2d 713 (1994)

614 N.Y.S.2d 312

The People of the State of New York, Appellant, v. David Parker, Kevin King and David Thomas, Respondents

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

June 20, 1994


Ordered that the matter is remitted to the County Court, Dutchess County, to report its findings of fact in accordance with CPL 710.60 (4), and the appeal is held in abeyance in the interim. The County Court shall file its report with all convenient speed.

In granting those branches of the defendants' omnibus motions which were to suppress physical evidence, the court determined that the police officers' observations did not fall within the plain view exception to...

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