PEOPLE v. MILLER

2021-08295. Ind. No. 100/21.

212 A.D.3d 735 (2023)

182 N.Y.S.3d 185

2023 NY Slip Op 00219

The People of the State of New York, Appellant, v. Marcus Miller, Respondent.

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

Decided January 18, 2023.


Attorney(s) appearing for the Case

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Charles T. Pollak of counsel), for appellant.

David A. Bart , Fresh Meadows, NY, for respondent.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.


Appeal by the People from an order of the Supreme Court, Queens County (John F. Zoll, J.), dated October 12, 2021. The order, insofar as appealed from, after a hearing, granted the defendant's motion to suppress physical evidence and his statements to law enforcement officials.

Ordered that the order is affirmed insofar as appealed from.

The evidence at the defendant's pretrial suppression hearing established that, on January 23, 2021, at approximately 9:40...

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