PEOPLE v. BURKE

2018-07850. Ind. No. 9823/15.

174 A.D.3d 915 (2019)

106 N.Y.S.3d 117

2019 NY Slip Op 05991

The People of the State of New York, Appellant, v. Gavel Burke, Respondent.

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

Decided July 31, 2019.


Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a hearing and a new determination thereafter of the defendant's motion.

The defendant was indicted for various firearm, weapon, and drug offenses based on his alleged sales of marijuana and firearms to an undercover officer on multiple occasions. Subsequently, the defendant moved pursuant to CPL 210.40 to dismiss the indictment in furtherance of justice...

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