People v Pointer
2010 NY Slip Op 02311 [71 AD3d 1492]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


The People of the State of New York, Appellant, v Todd Pointer, Respondent.

—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Shawn P. Hennessy of counsel), for appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered March 20, 2009. The order granted that part of the omnibus motion of defendant seeking to suppress certain evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed. Present—Centra, J.P., Fahey, Carni, Green and Pine, JJ.