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PEOPLE v. GUICE

254 KA 19-01820.

181 A.D.3d 1209 (2020)

117 N.Y.S.3d 912

2020 NY Slip Op 01789

The People of the State of New York, Appellant, v. Demonz Guice, Respondent.

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

Decided March 13, 2020.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: The People appeal from an order granting defendant's omnibus motion insofar as it sought to suppress a gun recovered from a vehicle. We agree with the People that Supreme Court erred in suppressing the gun without determining whether...

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