Appellate Division of the Supreme Court of New York, 2014

People v. Knapp

Appellate Division of the Supreme Court of New York · Decided November 14, 2014 · Dejoseph, Peradotto, Smith, Valentino, Whalen

124 A.D.3d 50; 995 N.Y.S.2d 521

Counsel

APPEARANCES OF COUNSEL, Charles Marangola, Moravia, for appellant., Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of counsel), for respondent.

Opinion of the Court

OPINION OF THE COURT

Peradotto, J.

Same opinion by Peradotto, J., as in People v Knapp (124 AD3d 36 [2014] [appeal No. 1]).

Smith, J.P, Valentino, Whalen and DeJoseph, JJ., concur.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to suppress defendant’s statements is granted, and a new trial is granted on count two of the indictment.

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