PEOPLE v. NEWHIRK


279 A.D.2d 535 (2001)

719 N.Y.S.2d 119

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL NEWHIRK, Appellant.

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

Decided January 16, 2001.


Ordered that the judgment and amended judgment are reversed, on the law, the defendant's plea is vacated, the branches of the omnibus motion which were to suppress physical evidence and statements he made to law enforcement authorities are granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The record at the hearing reveals that at approximately...

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