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PEOPLE v. SMALLS

2008-11436

83 A.D.3d 1103 (2011)

922 N.Y.S.2d 461

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW SMALLS, Appellant.

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

Decided April 26, 2011.

Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, the counts of the indictment charging criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree are dismissed (see People v Rossi, 80 N.Y.2d 952 [1992]), and the matter is remitted to the Supreme Court, Queens County, for a new trial...

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