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Appellate Term, Second Department: August 2, 2023

Decision & Orders on Motions decided on:July 6 & 13, 2023

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By: Garguilo, P.J., Emerson, McCormack, JJ. Nassau County Legal Aid Society (David Bernstein, Tammy Feman, Rachel S. Rambo and Daniel Schumeister of counsel), for appellant. Nassau County District Attorney (Andrea M. Digregorio of counsel), for respondent.

2012-720 N CR. PEOPLE v. SULLIVAN, COLLIES — Appeal from judgments of the District Court of Nassau County, First District (David W. McAndrews, J.), rendered March 8, 2012. The judgments convicted defendant, upon jury verdicts, of, respectively, sexual abuse in the second degree and endangering the welfare of a child, and imposed sentences. The appeal from the judgments of conviction brings up for review so much of an order of that court dated October 26, 2011 as summarily denied the branch of defendant’s omnibus motion seeking to suppress identification evidence. By decision and order dated April 3, 2015 (People v. Sullivan, 47 Misc 3d 96 [App Term, 2d Dept, 9th & 10th Jud Dists 2015]), this court found that the accusatory instrument charging defendant with sexual abuse in the second degree was facially sufficient, held the remainder of this appeal in abeyance, and remitted the matter to the District Court for a new determination, following a Rodriguez hearing, of the branch of defendant’s omnibus motion seeking to suppress identification evidence. A Rodriguez hearing has since been held and the District Court (Darlene D. Harris, J.) has now made a new determination.

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