People v Clark
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People v Clark
2013 NY Slip Op 07326
Released on November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1074 KA 13-00411
[*1]THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v
BYRON CLARK, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), dated December 14, 2012. The order granted the motion of defendant to suppress physical evidence.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID R. PANEPINTO OF COUNSEL), FOR APPELLANT.
DAVID J. PAJAK, ALDEN, FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed for reasons stated in the decision at Supreme Court.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1074 KA 13-00411
[*1]THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v
BYRON CLARK, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), dated December 14, 2012. The order granted the motion of defendant to suppress physical evidence.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID R. PANEPINTO OF COUNSEL), FOR APPELLANT.
DAVID J. PAJAK, ALDEN, FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed for reasons stated in the decision at Supreme Court.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court
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