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PEOPLE v. FARRELL

37 A.D.3d 349 (2007)

830 N.Y.S.2d 142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID FARRELL, Appellant.

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

Decided February 22, 2007.

The court did not finally deny defendant's motion to suppress physical evidence (see CPL 710.70 [2]; People v Rizzo, 5 A.D.3d 924, 925 [2004], lv denied 3 N.Y.3d 646 [2004]). The record indicates that the court was prepared to receive and consider the supplementary affidavit that defendant offered to provide. Therefore, defendant's ensuing...

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