PEOPLE v. DIAZ


10 Misc.3d 9 (2005)

805 N.Y.S.2d 765

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JASON DIAZ, Respondent.

Supreme Court, Appellate Term, First Department.

October 5, 2005.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for appellant.

SUAREZ, P.J., concurs with McCOOE, J.; SCHOENFELD, J., dissents in part in a separate opinion.


OPINION OF THE COURT

WILLIAM P. McCOOE, J.

Order dated September 17, 2003 modified, on the law, by deleting the provisions thereof granting those branches of the defendant's motion which were to suppress the marijuana recovered from the apartment living room and defendant's statements to the police and substituting therefor a provision denying those branches of the motion; as so modified, order affirmed....

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