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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47162 Judge Patterson FOUR DAYS before trial was scheduled to begin, defendant’s counsel moved to suppress the physical evidence seized by police from a Bronx apartment pursuant to a warrantless search. The court had held that the anti-crime unit lawfully obtained access to the apartment under exigent circumstances since it had probable cause to believe that a person, possibly seriously injured, was being held against his or her will in the apartment. The court had also held that the evidence contained in a suitcase in the closet would be suppressed, but that the remaining evidence seized would not be suppressed, except for the contents of the black plastic bag about which the court wanted to deliberate further. The instant court denied defendant’s motion to suppress as to all items except for the contents of the black suitcase, determining that the suitcase and its contents were not in plain view but required the suitcase flap to be moved in order for the officer to view the contents.

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