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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46711 Judge Spatt THE GOVERNMENT filed an indictment against defendant, previously convicted of a crime punishable by imprisonment exceeding one year, for possessing a firearm. Defendant moved to suppress a gun recovered from his room and to suppress statements allegedly made by him under custodial interrogation. In the alternative, defendant requested a hearing to determine whether the physical evidence and statements should be suppressed. Defendant stated that the arresting officers forcibly entered his room without knocking on the door and announcing their identity or purpose and that he never consented to their entry of his room. The government contended that the detectives did knock on defendant’s door and that the defendant opened the door and voluntarily stepped into the hallway at the detectives’ request and that he was arrested in the common hallway. Based on the dispute of these material facts, the court referred the motion to a magistrate judge to conduct a suppression hearing.

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