PEOPLE v. BURKE

707 KA 22-01636.

220 A.D.3d 1217 (2023)

197 N.Y.S.3d 650

2023 NY Slip Op 05083

The People of the State of New York, Respondent, v. Casey C. Burke, Appellant.

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

Decided October 6, 2023.


Attorney(s) appearing for the Case

BANASIAK LAW OFFICE, PLLC, SYRACUSE ( PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

KRISTYNA S. MILLS , DISTRICT ATTORNEY, WATERTOWN ( MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.

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


Appeal from a judgment of the Jefferson County Court (David A. Renzi, J.), rendered August 31, 2022. The judgment convicted defendant, upon a plea of guilty, of criminal possession of a controlled substance in the third degree.

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

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