People v Frawley
2008 NY Slip Op 05185 [52 AD3d 1248] [52 AD3d 1248]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Appellant, v Patrick J. Frawley, Respondent.

—[*1] Lawrence Friedman, District Attorney, Batavia (David E. Gann of counsel), for appellant.

Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), dated July 12, 2007. The order granted that part of defendant's omnibus motion seeking to suppress physical evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed (see People v Machovoe, 242 AD2d 898 [1997]; People v Saurini, 201 AD2d 869 [1994]). Present—Martoche, J.P., Smith, Centra, Peradotto and Green, JJ.