SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
1183
KA 15-00329
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
V ORDER
ALAN HEMPHILL, DEFENDANT-RESPONDENT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF
COUNSEL), FOR APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF
COUNSEL), FOR DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County
(Christopher J. Burns, J.), dated January 20, 2015. The order granted
the motion of defendant to suppress a firearm.
It is hereby ORDERED that the order so appealed from is
unanimously affirmed for reasons stated at Supreme Court and the
indictment is dismissed.
Entered: November 13, 2015 Frances E. Cafarell
Clerk of the Court