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PEOPLE v. TROTTER

2007-02957

2008 NY Slip Op 07273

THE PEOPLE, ETC., respondent, v. DENNIS TROTTER, appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Muhammad Ikhlas of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Howard Miller, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order dated December 5, 2006, is vacated, and the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's renewed branch of his omnibus motion which was to suppress physical evidence, and the appeal is held in abeyance in the interim. The Supreme Court, Queens County, is to file its report with all convenient speed.

Under the circumstances presented, the Supreme Court improvidently...

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