PEOPLE v. JOYETTE

2021-07714. Ind. No. 1360/20.

219 A.D.3d 628 (2023)

194 N.Y.S.3d 287

2023 NY Slip Op 04216

The People of the State of New York, Appellant, v. Kyle Joyette, Kurt Stewart and Rickardo Wallace, Respondents.

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

Decided August 9, 2023.


Attorney(s) appearing for the Case

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Adarna De Frietas , and Michael Tadros of counsel), for appellant.

John S. Campo , Garden City, NY, for respondent Kyle Joyette.

Kathleen Clifford Gallo , Manhasset, NY, for respondent Kurt Stewart.

Patricia Pazner , New York, NY ( Hannah Kon of counsel), for respondent Rickardo Wallace.

Wooten, Genovesi and Wan, JJ., concur.


Appeal by the People from an order of the Supreme Court, Queens County (Stephanie Zaro, J.), dated September 27, 2021, which, after a hearing, granted those branches of the defendants' separate omnibus motions which were to suppress physical evidence.

Ordered that the order is affirmed.

According to testimony elicited at a suppression hearing, on December 19, 2020, at approximately 10:06 p.m., Police Officer Sean Cox and two other police officers were in an...

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