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People v. Oliver

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2011
82 A.D.3d 1267 (N.Y. App. Div. 2011)

Opinion

No. 2007-10482.

March 29, 2011.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered October 30, 2007, convicting him of criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree, unlawful possession of marijuana, unlawful possession of handcuffs in violation of Administrative Code of the City of New York § 10-147, and unlawful possession of a radio device, upon his plea of guilty, and imposing sentence.

Kevin Oliver, Napanoch, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslaw of counsel), for respondent.

Before: Covello, J.P., Hall, Lott and Cohen, JJ.


Ordered that the judgment is affirmed.

We reject the defendant's request that we reconsider a prior decision and order of this Court dated April 24, 2007, which reversed so much of an order of the Supreme Court as granted that branch of the defendant's omnibus motion which was to suppress physical evidence ( see People v Oliver, 39 AD3d 880). There was no showing that the decision and order was based on manifest error, or that exceptional circumstances warrant departure from the doctrine of the law of the case ( see People v Scalercio, 10 AD3d 697; People v O'Hara, 274 AD2d 486, aff'd 96 NY2d 378; People v Quinones, 254 AD2d 308, 309; People v Jacobs, 220 AD2d 617; People v Williams, 188 AD2d 573; People v Barnes, 155 AD2d 468).


Summaries of

People v. Oliver

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2011
82 A.D.3d 1267 (N.Y. App. Div. 2011)
Case details for

People v. Oliver

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN OLIVER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 2011

Citations

82 A.D.3d 1267 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2703
919 N.Y.S.2d 370

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