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THE PEOPLE, res, v. SALVADOR SUAZO, def-app

THE PEOPLE, res, v. SALVADOR SUAZO, def-app (15/285) — Judgment of conviction (Anthony J. Ferrara, J. at suppression hearing and plea; Gilbert C. Hong, J. at sentencing), rendered September 5, 2014, reversed, on the law and the facts, motion to suppress granted and the accusatory instrument dismissed.

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THE PEOPLE, res, v. SALVADOR SUAZO, def-app (15/285) — Judgment of conviction (Anthony J. Ferrara, J. at suppression hearing and plea; Gilbert C. Hong, J. at sentencing), rendered September 5, 2014, reversed, on the law and the facts, motion to suppress granted and the accusatory instrument dismissed.

On February 7, 2014, at about 9:30 p.m., police officers on routine patrol in Union Square observed defendant enter a residential building and exit a few minutes later, then enter the freight entrance of a business next door. When defendant exited the freight entrance, he walked around the corner and entered a third building, an NYU residence hall, and exited ten minutes later carrying a duffel bag. Notably, the court ultimately credited defendant’s testimony that he had an innocent explanation for entering and exiting the three buildings, as he was lost and looking for a particular address; that he called to confirm the address and directions after exiting the second building; and that the duffel bag merely contained paint ball guns for his daughter, which had been left for defendant by a friend with a security guard at the friend’s place of employment, 19 Union Square West.

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