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DEFENDANT DID NOT CONSENT TO THE ENTRY AND SEARCH OF HIS HOME, MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED.

The Court of Appeals, reversing the Appellate Division, determined the evidence did not support the conclusion that defendant consented to the entry and search of his home. The motion to suppress, therefore, should have been granted. The decision does not discuss the facts and indicates the reasoning of the Appellate Division dissent was followed. People v Freeman, 2017 NY Slip Op 02090, CtApp 3-23-17

CRIMINAL LAW (DEFENDANT DID NOT CONSENT TO THE ENTRY AND SEARCH OF HIS HOME, MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED)/SUPPRESS, MOTION TO (CRIMINAL LAW, DEFENDANT DID NOT CONSENT TO THE ENTRY AND SEARCH OF HIS HOME, MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED)/SEARCH AND SEIZURE (CRIMINAL LAW, DEFENDANT DID NOT CONSENT TO THE ENTRY AND SEARCH OF HIS HOME, MOTION TO SUPPRESS SHOULD HAVE BEEN GRANTED)

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