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PEOPLE v. PASTORE

847 KA 19-00389.

175 A.D.3d 1827 (2019)

107 N.Y.S.3d 804

2019 NY Slip Op 06930

The People of the State of New York, Appellant, v. Kenneth Pastore, Respondent.

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

September 27, 2019.

Attorney(s) appearing for the Case

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MICHAEL J. HILLERY OF COUNSEL), FOR APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, DeJoseph, Curran and Winslow, JJ.

It is hereby ordered that the amended order so appealed from is unanimously affirmed and the indictment is dismissed.

Memorandum: The People appeal from an amended order granting that part of defendant's omnibus motion seeking to suppress physical evidence seized following a limited search of his vehicle and defendant's statement made after the seizure. The evidence at the suppression hearing established that officers responded to the complainant's home after receiving...

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