PEOPLE v. DePROSPERO

KA 11-01004.

91 A.D.3d 39 (2011)

932 N.Y.S.2d 789

2011 NY Slip Op 8421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN DePROSPERO, Appellant.

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

Decided November 18, 2011.


Attorney(s) appearing for the Case

Frank Policelli , Utica, for appellant.

Scott D. McNamara , District Attorney, Utica ( Steven G. Cox of counsel), for respondent.

CENTRA, J.P., FAHEY, GREEN and GORSKI, JJ., concur.


OPINION OF THE COURT

PERADOTTO, J.

The novel issue raised on this appeal from a judgment convicting defendant upon a plea of guilty of predatory sexual assault against a child (Penal Law § 130.96) is whether County Court erred in refusing to suppress evidence uncovered as a result of a January 2010 search of property that had been seized from defendant pursuant to a May 2009 warrant. For the reasons that...

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