People v Frank
2014 NY Slip Op 07886 [122 AD3d 1342]
November 14, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


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 The People of the State of New York, Appellant, v Justin T. Frank, Respondent.

Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), for appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen C. Russo-mclaughlin of counsel), for defendant-respondent.

Appeal from an order of the Erie County Court (Michael F. Pietruszka, J.), dated October 18, 2013. The order granted defendant's motion to suppress physical evidence and statements made by defendant to police officers.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed. Present—Scudder, P.J., Peradotto, Lindley, Sconiers and Valentino, JJ.