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PEOPLE v. MOORE

54 KA 20-00592.

191 A.D.3d 1415 (2021)

141 N.Y.S.3d 219

2021 NY Slip Op 00927

The People of the State of New York, Appellant, v. Nissar Moore, Respondent.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

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

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( THOMAS MANNING LEITH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, that part of defendant's omnibus motion seeking to suppress physical evidence is denied, and the matter is remitted to Onondaga County Court for further proceedings on the indictment.

Memorandum: On appeal from an order granting that part of defendant's omnibus motion seeking to suppress physical evidence, i.e., a loaded handgun, the...

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