U.S. Court of Appeals for the Second Circuit – Suppression – Child Pornography – Defendant’s Alleged Proclivities – Good Faith Execution   United States v. Raymonda 13-4899-cr Judges Walker, Lynch and Chin   Background: The government appealed from an order that ...

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New York State Court of Appeals – Suppression – Emergency Doctrine – Ongoing Emergency   People v. Rossi No. 147 Memorandum   Background: The defendant was charged with criminal possession of a weapon in the second degree after officers arrived at ...

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Appellate Division, Fourth Department Suppression Persistent Violent Felon People v. Thompson KA 11-01645 Appealed from Supreme Court, Erie County Background: The defendant was convicted, upon a guilty plea, of burglary in the second degree. He contended, on appeal, that Supreme ...

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Appellate Division, Fourth Department Suppression Testimony People v. Bush KA 11-01414 Appealed from Supreme Court, Erie County Background: The defendant was convicted, upon a guilty plea, of two counts of criminal possession of a weapon in the second degree. On ...

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Appellate Division, Fourth Department Suppression ‘De Bour’ Analysis People v. Sims KA 12-01247 Background: A divided appellate panel addressed whether police in Buffalo were authorized to arrest a defendant who drove his bike into a porch. Police found a handgun ...

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U.S. District Court, WDNY  Suppression Reasonable Suspicion — Custodial Interrogation United States of America v. Wiggins 12-cr-6114L Judge Payson Background: The defendant was charged with numerous counts of drug possession with intent to sell. The defendant moved to suppress physical ...

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U.S. Court of Appeals for the Second Circuit Suppression Probable Cause — Confidential Informant United States v. Steppello 10-4527-cr Judges Jacobs, Cabranes and Wesley Background: The government appealed from an order that suppressed cocaine seized from the defendant’s person incident ...

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Appellate Division, Fourth Department Juvenile Delinquent Suppression — Articulable Reason In the Matter of Demitrus B. CAF 11-01011 Appealed from Family Court, Monroe County Background: The respondent appealed from an order adjudicating him to be a juvenile delinquent based upon ...

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Appellate Division, Fourth Department Suppression Payton Violation People v. Johnson KA 08-00223 Appealed from Monroe County Court Background: The defendant contended on appeal from his robbery conviction that his statements to the police should have been suppressed. The basis for ...

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Appellate Division, Fourth Department Suppression Denial Without Hearing People v. Caldwell KA 08-02470 Appealed from Monroe County Court Background: The defendant, who pleaded guilty to burglary, appealed the denial of his pretrial motion. The defendant had moved to suppress evidence ...

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Statements a Rochester man gave police in a rape investigation were used against him legally, the New York State Court of Appeals ruled this week. In a unanimous decision handed down Tuesday ...

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Appellate Division, Fourth Department Suppression Understanding ‘Miranda’ warnings People v. Sanchez KA 07-00806 Appealed from Wayne County Court Background: A defendant was convicted after trial of several sex offenses. On appeal, one of the issues raised was whether his statements ...

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