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PEOPLE v. DULA

Ind. No. 2631/17. Appeal No. 14341-14342-14343-14344. Case No. 2020-02145. 2020-02144. 2019-04992. 2020-02143.

198 A.D.3d 463 (2021)

152 N.Y.S.3d 581

2021 NY Slip Op 05465

The People of the State of New York, Appellant, v. Bryant Dula, Chad Hooks, Lamont Billings, and Trimelle Lang, Respondents.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York ( Stephen J. Kress of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York ( Benjamin Wiener of counsel), and White & Case LLP, New York ( Jackson Herndon of counsel), for Chad Hooks, respondent.

Janet E. Sabel , The Legal Aid Society, New York ( Paul Wiener of counsel), for Lamont Billings, respondent.

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Victorien Wu of counsel), for Trimelle Lang, respondent.

Concur—Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

Defendants' motions to suppress physical evidence should have been denied. The court found that the police observed a moving vehicle with a New Jersey license plate on which the state nickname, "Garden State," was obscured by a frame, in violation of Vehicle and Traffic Law § 402(1)(b) (see People v Jones, 190 A.D.3d 1013, 1015 [3d Dept 2021], lv denied 36 N.Y.3d 1098 [2021]). Because that distinct finding was not adverse...

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