People v. Lomiller

Order, Supreme Court, New York County (James A. Yates, J.), entered on or about August 23, 2004, which, upon granting re-argument, adhered to its prior determination suppressing physical evidence recovered from defendant’s person, unanimously reversed, on the law and the facts, defendant’s motion to suppress denied, and the matter remanded for further proceedings. Appeal from order, same court and Justice, entered on or about June 30, 2004, unanimously dismissed, as superseded by the appeal from the subsequent order.

In the decision at issue, the hearing court, almost exclusively crediting the…