PEOPLE v. WATERS


259 A.D.2d 642 (1999)

686 N.Y.S.2d 798

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY WATERS, Appellant.

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

Decided March 15, 1999.


Ordered that the judgment is reversed, on the law and the facts, those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement officials are granted, and a new trial is ordered.

At approximately 9:00 P.M. on August 21, 1996, Police Officer Robert Nisi responded to a radio transmission of a residential burglary. The complainant described the perpetrators...

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