PEOPLE v. SUAZO

2012-02997

120 A.D.3d 1270 (2014)

992 N.Y.S.2d 138

2014 NY Slip Op 06114

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS SUAZO, Appellant.

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

Decided September 10, 2014.


Ordered that the matter is remitted to the Supreme Court, Queens County, for a de novo suppression hearing before a different hearing Justice, and a report thereafter, on that branch of the defendant's omnibus motion which was to suppress identification testimony, and the appeal is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.

Contrary to the People's contention, the defendant's purported waiver...

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