PEOPLE v. AUGUSTUS

2014-02096. Ind. No. 9089/12.

163 A.D.3d 981 (2018)

83 N.Y.S.3d 281

2018 NY Slip Op 05480

The People of the State of New York, Respondent, v. Tyshawn Augustus, Appellant.

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

Decided July 25, 2018.


Ordered that the judgment is reversed, on the law, the defendant's motion to controvert the search warrant and to suppress evidence seized thereunder is granted, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The defendant was convicted of murder in the second degree in connection with the shooting death of an individual in Brooklyn in December 2009.

The defendant failed to preserve for appellate review his contention that...

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