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PEOPLE v. CAPERS

2021-00233 Ind. No. 84/20.

213 A.D.3d 947 (2023)

183 N.Y.S.3d 563

2023 NY Slip Op 01011

The People of the State of New York, Appellant, v. Tyquawn Capers, Respondent. The People of the State of New York, Appellant, v. Jerry Hyman, Respondent. The People of the State of New York, Appellant, v. Kareem Wynn, Respondent. The People of the State of New York, Appellant, v. Maurice Capers, Respondent.

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

Decided February 22, 2023.

Attorney(s) appearing for the Case

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Ellen C. Abbot , and Samuel Pellegrino of counsel), for appellant.

Garrett H. Sullivan , South Hempstead, NY, for respondent Tyquawn Capers.

Patricia Pazner , New York, NY ( Celena L. Ditchev of counsel), for respondent Maurice Capers.

Barros, J.P., Maltese, Zayas and Wan, JJ., concur.

Appeal by the People from an order of the Supreme Court, Queens County (Ira H. Margulis, J.), dated December 1, 2020, which granted the defendants' motion to controvert a search warrant and to suppress physical evidence seized in the execution thereof, and dismissed the indictment.

Ordered that the order is affirmed.

The defendants were charged with various controlled substance and weapons offenses following the execution of a search warrant at certain premises...

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