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People v. Wilson

Items From Backpack Searched Without Warrant Suppressed as Fruits of Poisonous Tree

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DECISION AND ORDER OF THE COURT

*1  The Court conducted a Mapp/Huntley/Dunaway hearing on November 20, 2017 on defendant’s motion to suppress property and statement testimony. After hearing the testimony and reviewing the evidence in the above case, the Court makes the following factual findings and legal conclusions. Findings of FactThe People called Police Officer Richard Ernyey as their only witness. Officer Ernyey, a five year veteran of the New York City Police Department, testified that on August 7, 2016, he was assigned, along with his partner (Officer Spicer) to patrol duty in the confines of the 113th Precinct.Officer Ernyey testified that he and his partner, who were in uniform in a marked RMP, received a radio run for a burglary in progress around 7:30 PM, in the vicinity of 180th Street and Linden Boulevard. He testified that they were backup to the sector who received the actual call. The radio run stated there was a burglary in progress, two black males, the description was one

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