PEOPLE v. RODRIGUEZ

KA 10-01100.

82 A.D.3d 1614 (2011)

919 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EMMANUEL RODRIGUEZ, Respondent.

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

Decided March 25, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law, that part of the motion to suppress evidence is denied, and the matter is remitted to Erie County Court for further proceedings on the indictment.

Memorandum: The People appeal from an order granting that part of defendant's omnibus motion to suppress evidence, i.e., a weapon and an oral statement made by defendant to a police officer. We reverse. The testimony at the suppression...

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