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PEOPLE v. HOLLINGSWORTH

52 KA 19-00151.

191 A.D.3d 1412 (2021)

138 N.Y.S.3d 418

2021 NY Slip Op 00925

The People of the State of New York, Respondent, v. Demetrius Hollingsworth, Appellant.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, 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 the weapon found in his vehicle. According to defendant, although the police officers legally executed a search...

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