PEOPLE v. HAMILTON (2026)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., appellant, v. Dylan HAMILTON, respondent.

2022-05296

Decided: February 11, 2026

ANGELA G. IANNACCI, J.P., VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JANICE A. TAYLOR, JJ.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, Andrew Z. Wu, and Jonathan E. Maseng of counsel), for appellant. Patricia Pazner, New York, NY (Robert C. Langdon of counsel), for respondent.

DECISION & ORDER

Appeal by the People from an order of the Supreme Court, Queens County (David J. Kirschner, J.), dated May 5, 2022. The order, insofar as appealed from, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the order is affirmed insofar as appealed from.

The underlying facts of this appeal are set forth in this Court's decision and order in People v. Creary, 236 A.D.3d 672, 673, 228 N.Y.S.3d 652, determining the codefendant's appeal from the same order now before this Court. For the same reasons we held in People v. Creary in favor of the codefendant, here, the Supreme Court properly granted that branch of the defendant's omnibus motion which was to suppress physical evidence (see id. at 674–675, 228 N.Y.S.3d 652; People v. Dubuisson, 206 A.D.3d 757, 759, 169 N.Y.S.3d 140; People v. Pearson, 59 A.D.3d 743, 744, 875 N.Y.S.2d 109).

IANNACCI, J.P., BRATHWAITE NELSON, WOOTEN and TAYLOR, JJ., concur.

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