People v Coleman

People v Coleman 2013 NY Slip Op 00222 Decided on January 16, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 16, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
2012-00288

[*1]The People of the State of New York, appellant,

v

Tracey Coleman, respondent. (Ind No. 10114/10)




Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M.
Castellano and Linda Cantoni of counsel), for appellant.
Robert D. DiDio, Kew Gardens, N.Y. (Danielle Muscatello of
counsel), for respondent.


DECISION & ORDER

Appeal by the People from an order of the Supreme Court, Queens County (Paynter, J.), dated December 1, 2011, which granted that branch of the defendant's omnibus motion which was to suppress certain physical evidence.

ORDERED that the order is affirmed.

Contrary to the People's contention, the Supreme Court properly granted that branch of the defendant's omnibus motion which was to suppress certain physical evidence seized pursuant to a search warrant. The search warrant had been issued based on communications intercepted as the result of an eavesdropping warrant. However, as the Supreme Court correctly determined, the affidavit and evidence submitted in support of the application for the eavesdropping warrant did not establish probable cause to believe, inter alia, that the defendant had any involvement in the identified criminal conduct (see CPL 700.15; People v Pomponio, 47 NY2d 918, 919). Accordingly, suppression was required.
MASTRO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court