Opinion
No. KA 06-03776.
March 14, 2008.
Appeal from an order of the Monroe County Court (Alex R. Renzi, J.), dated February 22, 2006. The order granted that part of defendant's omnibus motion seeking to suppress physical evidence seized pursuant to a search warrant.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (JESSICA BIRKAHN OF COUNSEL), FOR APPELLANT.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.
Same memorandum as in People v Fulton ( 49 AD3d 1223).