PEOPLE v. ONEILL

2010-04087, Ind. No. 369/07.

141 A.D.3d 606 (2016)

36 N.Y.S.3d 157

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHUAIB ONEILL, Appellant.

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

Decided July 13, 2016.


Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.

At trial, the arresting officer and his partner testified that, while on plainclothes duty and traveling in an unmarked police car with a third officer, they observed the defendant and another male walking down the street wearing bandanas or masks covering part of their...

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