PEOPLE v. WILCOX

99 KA 20-00571.

194 A.D.3d 1352 (2021)

2021 NY Slip Op 02893

The People of the State of New York, Appellant, v. James R. Wilcox, Respondent.

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

Decided May 7, 2021.


Attorney(s) appearing for the Case

GREGORY S. OAKES , DISTRICT ATTORNEY, OSWEGO ( AMY L. HALLENBECK OF COUNSEL), FOR APPELLANT.

Present—Smith, J.P., Peradotto, Lindley, Troutman and DeJoseph, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to dismiss counts one and two of the indictment is denied, those counts of the indictment are reinstated, and the matter is remitted to Oswego County Court for further proceedings on the indictment.

Memorandum: As the result of a traffic stop of a vehicle in which defendant was a passenger that led to the discovery of, among other...

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