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PEOPLE v. SULLIVAN

2012-720 NCR.

47 Misc.3d 96 (2015)

10 N.Y.S.3d 795

2015 NY Slip Op 25104

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLLIES SULLIVAN, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided April 3, 2015.

Attorney(s) appearing for the Case

Kent V. Moston, Legal Aid Society, Hempstead ( Jeremy L. Goldberg and David Bernstein of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola ( Robert A. Schwartz and Andrea M. DiGregorio of counsel), for respondent.

MARANO, J.P., TOLBERT and GARGUILO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that so much of the order dated October 26, 2011 as denied the branch of defendant's omnibus motion seeking to suppress identification evidence is vacated and the matter is remitted to the District Court for a new determination of that branch of defendant's motion, following a hearing, in accordance with the decision herein. The appeal is held in abeyance in the interim...

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