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PEOPLE v. AVINGER

2013-10844, Ind. No. 1969/12.

140 A.D.3d 895 (2016)

33 N.Y.S.3d 423

2016 NY Slip Op 04426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL E. AVINGER, Appellant.

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

Decided June 8, 2016.

Ordered that the judgment is reversed, on the law, the plea is vacated, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

According to the evidence presented at the suppression hearing, on January 2, 2012, a detective of the New York City Police Department was assigned...

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