PEOPLE v. PONCE

1101 KA 19-01150.

203 A.D.3d 1628 (2022)

161 N.Y.S.3d 911

2022 NY Slip Op 01706

The People of the State of New York, Respondent, v. Jose Ponce, Appellant.

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

Decided March 11, 2022.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JESSICA N. CARBONE OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, that part of the omnibus motion seeking to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to Supreme Court, Onondaga County, for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted criminal possession of a weapon in the second...

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