PEOPLE v. GATES

864 KA 16-02069.

152 A.D.3d 1222 (2017)

2017 NY Slip Op 05549

59 N.Y.S.3d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY D. GATES, Appellant.

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

Decided July 7, 2017.


It is hereby ordered that the judgment so appealed from is reversed on the law, the plea is vacated, that part of the omnibus motion seeking to suppress physical evidence and statements is granted, the indictment is dismissed, and the matter is remitted to Jefferson County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of possessing or transporting 30,000 or more unstamped cigarettes...

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