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PEOPLE v. WALLS

No. 67 SSM 11.

37 N.Y.3d 987 (2021)

173 N.E.3d 1146

152 N.Y.S.3d 112

2021 NY Slip Op 04949

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN W. WALLS, Appellant.

Court of Appeals of New York.

Decided September 2, 2021.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( A. Vincent Buzard of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Daniel Gross of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress granted, and the indictment dismissed.

Defendant John W. Walls challenges the denial of his motion to suppress a firearm found during the stop of a vehicle in which he was a passenger. He argues correctly that the People failed to present sufficient evidence at the motion hearing to justify the stop.

As relevant here, a...

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