PEOPLE v. KELLY


5 Misc.3d 795 (2004)

786 N.Y.S.2d 291

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff v. DONNY KELLY, Defendant.

Criminal Court of the City of New York, Queens County.

October 28, 2004.


Attorney(s) appearing for the Case

Robert Didio, Kew Gardens, for defendant.

Richard A. Brown, District Attorney, Kew Gardens (Jessica Silver of counsel), for plaintiff.


OPINION OF THE COURT

ALEX J. ZIGMAN, J.

The defendant, charged with criminal possession of a forged instrument in the third degree, in violation of Penal Law § 170.20, moved to suppress physical evidence and the use of a statement made to law enforcement. On May 11, 2004, Judicial Hearing Officer (JHO) Alfred Kleiman held a pretrial Mapp/Dunaway hearing which focused on the stop of defendant's vehicle...

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