PEOPLE v. TANTAO

1058 KA 17-01866.

178 A.D.3d 1391 (2019)

2019 NY Slip Op 09141

The People of the State of New York, Respondent, v. Enrique Tantao, Appellant.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( BRITTNEY CLARK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]), defendant contends that County Court erred in refusing to suppress all evidence arising from his allegedly improper gunpoint stop by the police. We conclude that the court properly refused to suppress the evidence inasmuch as...

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