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PEOPLE v. BARKLEY

NO. 2013-2162RICR

55 Misc.3d 62 (2017)

52 N.Y.S.3d 818

2017 NY Slip Op 27023

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BARKLEY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided January 24, 2017.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Lawrence T. Hausman of counsel), for appellant.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( Morrie I. Kleinbart and Paul M. Tarr of counsel), for respondent.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, the plea of guilty and the order denying defendant's motion to suppress evidence are vacated, defendant's motion is granted, and the accusatory instrument is dismissed.

The People charged defendant and two codefendants, in an information, with criminal possession of a weapon in the fourth degree (Penal...

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