People v Harvey
2012 NY Slip Op 07809 [100 AD3d 1522]
November 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


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

—[*1] Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for appellant.

Rebecca L. Wittman, Utica, for defendant-respondent.

Appeal from an order of the Supreme Court, Oneida County (Barry M. Donalty, A.J.), dated September 14, 2011. The order granted that part of the motion of defendant to suppress certain physical evidence.

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

Same memorandum as in People v Weathers (100 AD3d 1521 [2012]). Present—Centra, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.