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PEOPLE v. BLACK

59 A.D.3d 1050 (2009)

872 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL BLACK, Appellant. (Appeal No. 1.).

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50 (5).

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and unlawful possession of marihuana (§ 221.05), defendant contends that Supreme Court erred in refusing to suppress physical...

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