Opinion
No. KA 07-00972.
March 14, 2008.
Appeal from an order of the Monroe County Court (John J. Connell, J.), entered February 15, 2007. The order granted that part of the omnibus motion of defendant seeking to suppress all evidence obtained as a result of eavesdropping warrants.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (HANNAH STITH LONG OF COUNSEL), FOR APPELLANT.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Lunn, Pine 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 Barbosa ( 49 AD3d 1233).