PEOPLE v. SAURINI


201 A.D.2d 869 (1994)

607 N.Y.S.2d 518

The People of the State of New York, Respondent, v. Robert C. Saurini, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 4, 1994


Judgment unanimously reversed on the law, motion to suppress granted and new trial granted.

Memorandum:

Two Deputy Sheriffs obtained information relayed by a 911 dispatcher that defendant might be growing marihuana on his property. They entered a neighbor's yard, and, with the neighbor's consent, observed vegetation growing behind defendant's residence. The deputies took pictures and then entered defendant's yard and uprooted and seized 18 marihuana plants...

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