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PEOPLE v. HARPER

897 KA 22-00228.

211 A.D.3d 1612 (2022)

180 N.Y.S.3d 768

2022 NY Slip Op 07380

The People of the State of New York, Appellant, v. Floyd Harper, Respondent.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIEL J. PUNCH OF COUNSEL), FOR APPELLANT.

ANDREW D. FISKE , BUFFALO, FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Peradotto, NeMoyer, Curran and Bannister, JJ.

Appeal from an order of the Erie County Court (Susan M. Eagan, J.), dated February 3, 2022. The order granted that part of defendant's omnibus motion seeking to suppress physical evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Memorandum: The People appeal from an order granting that part of defendant's omnibus motion seeking suppression of physical evidence—i.e., a gun—that...

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