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PEOPLE v. JENKINS

2011-08210.

100 A.D.3d 924 (2012)

954 N.Y.S.2d 183

2012 NY Slip Op 8034

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BENJAMIN JENKINS, Respondent.

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

November 21, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

The evidence adduced at the suppression hearing established that the police saw and heard gunfire on the roof an apartment building, heard gunfire...

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