People v Vinson, 2018 NY Slip Op 09014 [167 AD3d 539]

December 27, 2018

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Thomas Vinson, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Jacqueline A. Meese-Martinez of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered November 22, 2016, convicting defendant, after a jury trial, of tampering with physical evidence and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to an aggregate term of 1 1/2 to 3 years, unanimously reversed, on the law, and the indictment dismissed.

This Court previously held this appeal in abeyance pending a suppression hearing (161 AD3d 493 [1st Dept 2018]). Supreme Court (Robert Mandelbaum, J. at hearing) granted defendant’s motion to suppress the contraband at issue, and the People do not seek to challenge that determination. Accordingly, we vacate the conviction and dismiss the indictment. Concur—Richter, J.P., Manzanet-Daniels, Webber, Oing, Moulton, JJ..