People v. Segna

OPINION OF THE COURT

Joseph Kevin McKay, J.

Introduction

Defendant is the subject of a nine-count indictment charging various violations of article 265 of the Penal Law for unlawful possession of homemade explosive devices and a rifle in his home at 167 North 7th Street, Brooklyn. He has moved to suppress all the contraband to be offered against him at trial on the grounds that it was acquired as a result of a warrantless and unlawful entry, search and seizure at his home.

The prosecution originally opposed the motion by affirming that the search occurred during the execution of a lawful order of…