PEOPLE v. RUFFIN

10372. 3843/14.

178 A.D.3d 455 (2019)

115 N.Y.S.3d 310

2019 NY Slip Op 08771

The People of the State of New York, Respondent, v. Kashawn Ruffin, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 5, 2019.


Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Caitlin Glass of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Susan Axelrod of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Richter, Mazzarelli, Oing, JJ.


The court properly denied defendant's motion to suppress the evidence obtained from his cell phones pursuant to search warrants. Upon issuing the warrants, the issuing judge expressly stated that the warrants were "deemed executed at the date and time of issuance," which we find to be appropriate in the specific context of phones already in police custody, but not yet analyzed. Although the forensic examination of the phones was not conducted until 30 days after the warrants...

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