PEOPLE v. RODRIGUEZ


16 Misc.3d 982 (2007)

840 N.Y.S.2d 275

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICKY RODRIGUEZ, Defendant.

Supreme Court, Richmond County.

March 12, 2007.


Attorney(s) appearing for the Case

Battiste, Aronowsky & Suchow, Inc., Staten Island (Joseph Licitra of counsel), for defendant.

Daniel M. Donovan, Jr., District Attorney (Paul Capofari and Anne Crick of counsel), for plaintiff.


OPINION OF THE COURT

LEONARD P. RIENZI, J.

Defendant moves to suppress physical evidence. A hearing was held before me on October 16 and October 20, 2006. Two witnesses testified, Detective John Duffy of the Staten Island Robbery Squad and Lieutenant David Nilson, Commanding Officer of the 120th Precinct Detective Squad. I found both witnesses to be credible. I find the following facts.

During the afternoon of January 19, 2006, a home invasion burglary...

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