People v. Burnett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered May 23, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, those parts of the omnibus motion seeking to suppress physical evidence and statements are granted, the indictment is dismissed, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 470.45.
Memorandum: On appeal from a judgment…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- People v. BenjaminNew York Court of Appeals · 1980
- People v. MooreNew York Court of Appeals · 2006
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3Cited by21 opinions
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- People v. SavageAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2020
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