PEOPLE v. KUNZ


48 A.D.3d 1075 (2008)

849 N.Y.S.2d 838

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT KUNZ, Respondent.

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

Decided February 1, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Memorandum:

On this appeal by the People, we conclude that Supreme Court properly suppressed evidence seized by the police during a warrantless search of defendant's residence. As the court properly determined, the People failed to establish by the requisite preponderance of the evidence that the independent contractor hired by a bank to secure the...

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