PEOPLE v. McMILLON

638 KA 22-00490.

220 A.D.3d 1181 (2023)

197 N.Y.S.3d 383

2023 NY Slip Op 05064

The People of the State of New York, Respondent, v. Al Amin McMillon, Appellant.

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

Decided October 6, 2023.


Attorney(s) appearing for the Case

LEANNE LAPP , PUBLIC DEFENDER, CANANDAIGUA, KEEM APPEALS, PLLC, SYRACUSE ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Bannister, Ogden, Greenwood and Nowak, JJ.


Appeal from a judgment of the Ontario County Court (Brian D. Dennis, J.), rendered March 22, 2022. The judgment convicted defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree.

It is hereby ordered that the judgment so appealed from is reversed on the law, the plea is vacated, that part of the omnibus motion seeking to suppress physical evidence and statements is granted, the indictment is dismissed, and the matter is remitted...

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