PEOPLE v. DIALLO

Ind. No. 598/21. Appeal Nos. 17279, M-4615. Case No. 2022-01361.

213 A.D.3d 472 (2023)

181 N.Y.S.3d 888

2023 NY Slip Op 00744

The People of the State of New York, Appellant, v. Thierno Diallo, Respondent.

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

Decided February 9, 2023.


Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney, Bronx ( Paul A. Andersen of counsel), for appellant.

The Bronx Defenders, Bronx ( Elli Marcus of counsel), for respondent.

Concur—Kern, J.P., Singh, Shulman, Pitt-Burke, Higgitt, JJ.


Order, Supreme Court, Bronx County (Guy H. Mitchell, J.), entered on or about March 14, 2022, which granted defendant's suppression motion, unanimously affirmed.

There is no basis for disturbing the suppression court's factual determinations. The record supports the court's finding that an officer's testimony that he saw defendant walking along the street toward a marked police van, with what appeared to be a heavy object in his pocket, while clinching that pocket...

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