People v Bishop
2009 NY Slip Op 02138 [60 AD3d 1383]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Appellant, v Andrew E. Bishop, Respondent.

—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for appellant.

Frank H. Hiscock Legal Aid Society, Syracuse, Hancock & Estabrook, LLP (Stewart F. Hancock, Jr., of counsel), for defendant-respondent.

Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered March 25, 2008. The order granted in part defendant's omnibus motion and suppressed physical evidence and dismissed counts two and three of the indictment.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at County Court, and the indictment is dismissed in its entirety. Present—Scudder, P.J., Smith, Peradotto, Carni and Green, JJ.