PEOPLE v. KEVIN W.

2009-03230

91 A.D.3d 676 (2012)

935 N.Y.S.2d 660

2012 NY Slip Op 232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN W., Appellant.

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

Decided January 10, 2012.


Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The defendant was accused of criminal possession of a weapon in the second degree and resisting arrest. A hearing was held on the defendant's omnibus...

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