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PEOPLE v. GOMEZ

2017-10760, 2017-10763, 2017-10765. Ind. Nos. 331/16, 555/16.

205 A.D.3d 1049 (2022)

168 N.Y.S.3d 128

2022 NY Slip Op 03399

The People of the State of New York, Respondent, v. Juan C. Gomez, Appellant. (Appeal No. 1.) The People of the State of New York, Respondent, v. Stheven Rosado, Appellant. (Appeal Nos. 2 and 3.)

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

Decided May 25, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Samuel Barr of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Davon Dennis of counsel), for respondent.

Duffy, J.P., Iannacci, Rivera and Wooten, JJ., concur.

Ordered that the judgments are reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, indictment No. 555/16 is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50 with respect to that indictment, and for further proceedings on Superior Court information No. 10104/17 and indictment No. 331/16.

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