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PEOPLE v. LEWIS

23 Misc.3d 49 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KEVIN LEWIS and BARRY DELANEY, Respondents.

Supreme Court, Appellate Term, Second Department.

Decided February 27, 2009.

Attorney(s) appearing for the Case

Daniel M. Donovan, Jr., District Attorney, Staten Island (Morrie I. Kleinbart of counsel), for appellant.

Curtis J. Farber, New York City, for Barry Delaney, respondent.

Samuel M. Feldman, New York City, for Kevin Lewis, respondent.

PESCE, P.J., and WESTON PATTERSON, J., concur; GOLIA, J., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order reversed on the facts, defendants' motions to suppress evidence denied, informations reinstated and matters remanded to the Criminal Court for all further proceedings.

Defendants were charged in separate informations with eight counts of injuring animals and failure to provide proper sustenance (Agriculture and Markets Law § 353). They moved to

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