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People v. Duffy

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 27, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SEAN DUFFY, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered March 11, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of 6 years, to be followed by a 3 year term of post-release supervision, unanimously reversed, on the law, defendant's motion to suppress granted and the indictment dismissed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Andrias, Moskowitz, Renwick, Richter, JJ.

6316/06

As the People concede, defendant is entitled to suppression of evidence recovered by way of a manual body cavity search conducted without a warrant or exigent circumstances (see People v Hall, 10 NY3d 303 [2008], cert denied US, 129 S Ct 159 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091027

© 1992-2009 VersusLaw Inc.



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