People v Scott
2008 NY Slip Op 02295 [49 AD3d 1224]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Appellant, v Amar Scott, Respondent. (Appeal No. 2.)

—[*1] Michael C. Green, District Attorney, Rochester (Jessica Birkahn of counsel), for appellant.

Edward J. Nowak, Public Defender, Rochester (Janet C. Somes of counsel), for defendant-respondent.

Appeal from an order of the Monroe County Court (Alex R. Renzi, J.), dated February 22, 2006. The order granted that part of defendant's omnibus motion seeking to suppress physical evidence seized pursuant to a search warrant.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Same memorandum as in People v Fulton (49 AD3d 1223 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.