It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, the motion to suppress is granted, the indictment is dismissed and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 470.45.
Memorandum:
Defendant appeals from a judgment convicting him after a bench trial of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). The drugs...
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