People v. Driscoll

Judgment unanimously reversed, on the law and facts, motion to suppress granted, and matter remitted to Supreme Court, Erie County, for further proceedings on the indictment. Memorandum: Defendant appeals from a judgment of conviction entered upon his plea of guilty to burglary, third degree in full satisfaction of an indictment charging him with committing that crime and grand larceny, third degree in 1979. The plea followed an unsuccessful attempt by defendant to suppress physical, testimonial and identification evidence. Following his plea but before he was sentenced, defendant was…