People v Knapp
2014 NY Slip Op 07802 [124 AD3d 50]
November 14, 2014
Peradotto, J.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 4, 2015


[*1]
The People of the State of New York, Respondent,
v
Robert M. Knapp, Appellant. (Appeal No. 2.)

Fourth Department, November 14, 2014

APPEARANCES OF COUNSEL

Charles Marangola, Moravia, for appellant.

Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

{**124 AD3d at 50} OPINION OF THE COURT
Peradotto, J.

Same opinion by Peradotto, J., as in People v Knapp (124 AD3d 36 [2014] [appeal No. 1]).

Smith, J.P., Valentino, Whalen and DeJoseph, JJ., concur.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to suppress defendant's statements is granted, and a new trial is granted on count two of the indictment.