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PEOPLE v. CLERMONT

No. 166.

22 N.Y.3d 931 (2013)

999 N.E.2d 1149

977 N.Y.S.2d 704

2013 NY Slip Op 6806

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOCLYN CLERMONT, Appellant.

Court of Appeals of New York.

Decided October 22, 2013.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Allegra Glashausser of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Suzanne H. Sullivan and John M. Castellano of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and ABDUS-SALAAM concur; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed. In the event defendant prevails on the suppression issue, the conviction should be vacated and the indictment dismissed; alternatively, if the People prevail, the judgment should be amended to reflect that result.

Defendant was charged with weapon...

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