People v Clark
2013 NY Slip Op 07326 [111 AD3d 1309]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Appellant, v Byron Clark, Respondent.

—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David R. Panepinto of counsel), for appellant.

David J. Pajak, Alden, for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), dated December 14, 2012. The order granted the motion of defendant to suppress physical evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.