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PEOPLE v. CONWAY

492 KA 22-01491.

218 A.D.3d 1286 (2023)

193 N.Y.S.3d 528

2023 NY Slip Op 04043

The People of the State of New York, Appellant, v. Shawn Conway, Respondent.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

JASON L. SCHMIDT , DISTRICT ATTORNEY, MAYVILLE ( ERIK D. BENTLEY OF COUNSEL), FOR APPELLANT.

NATHANIEL L. BARONE, II , PUBLIC DEFENDER, MAYVILLE ( HEATHER R. BURLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Lindley, J.P., Curran, Montour and Ogden, JJ.

Appeal from an order of the Chautauqua County Court (David W. Foley, J.), dated June 27, 2022. The order granted that part of defendant's omnibus motion seeking suppression of tangible evidence seized pursuant to a search warrant.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to suppress tangible evidence is denied, and the matter is remitted to Chautauqua County Court for further proceedings...

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