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PEOPLE v. HARPER

2008-08319.

100 A.D.3d 772 (2012)

954 N.Y.S.2d 127

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENDINE HARPER, Appellant.

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

November 14, 2012.

Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence recovered from the defendant's apartment is granted, and a new trial is ordered.

Upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633

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