PEOPLE v. MOYA


4 Misc.3d 101 (2004)

782 N.Y.S.2d 499

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DANIEL MOYA, Respondent.

Supreme Court, Appellate Term, Second Department.

June 9, 2004.


Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Ann Bordley and Ruth E. Ross of counsel), for appellant.

Legal Aid Society, Brooklyn (Andrew C. Fine and Steven Miraglia of counsel), for respondent.

ARONIN, J.P., and RIOS, J., concur; PATTERSON, J., dissents in a separate memorandum.


OPINION OF THE COURT

Memorandum.

Order unanimously reversed on the law, defendant's motion to suppress denied and matter remanded to the court below for all further proceedings.

After placing a garage under surveillance pursuant to a warrant that authorized a search of the garage for a stolen automobile and of anyone found therein, and having observed an individual leave the garage, lock the garage door, and depart the scene in an automobile driven...

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