PEOPLE v. THOMPSON

10470. 3980/16.

178 A.D.3d 457 (2019)

116 N.Y.S.3d 2

2019 NY Slip Op 08772

The People of the State of New York, Respondent, v. Antoine Thompson, Appellant.

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

Decided December 5, 2019.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

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

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.


The search warrant for defendant's phones was overbroad. The application alleged that, on September 1, 2016, defendant sent texts to a 13 year old making indecent proposals, and called her on the same day. The warrant authorized examination of defendant's internet usage from January 1 to September 13, 2016, and also authorized, without a time limitation, examination of essentially all the other data on defendant's phones. This failed to satisfy the particularity requirement...

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