People v Hemphill
2015 NY Slip Op 08293 [133 AD3d 1251]
November 13, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2015


[*1]
 The People of the State of New York, Appellant, v Alan Hemphill, Respondent.

Frank A. Sedita, III, District Attorney, Buffalo (Daniel J. Punch of counsel), for appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), dated January 20, 2015. The order granted the motion of defendant to suppress a firearm.

It is hereby ordered that the order so appealed from is unanimously affirmed for reasons stated at Supreme Court and the indictment is dismissed. Present—Centra, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.