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PEOPLE v. WEAVER

52 A.D.3d 138 (2008)

860 N.Y.S.2d 223

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT C. WEAVER, Appellant.

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

June 5, 2008.

Attorney(s) appearing for the Case

Smith Hernandez, L.L.C., Troy (Trey Smith of counsel), for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

CARDONA, P.J., CARPINELLO and MALONE, JR., concur with ROSE, J.; STEIN, J., dissents in a separate opinion.

OPINION OF THE COURT

ROSE, J.

A police officer, in the course of investigating a series of burglaries and acting without a warrant, attached a battery operated global positioning system (hereinafter GPS) device under the bumper of defendant's van while it was parked on a public street. Based upon the data retrieved from this device and other evidence, defendant and a codefendant were arrested and charged with burglary in the third degree and grand larceny...

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