People v. Pries

Judgment unanimously reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: Defendant was convicted of burglary in the second degree and petit larceny for entering a residence and taking a binder filled with sports cards. The primary evidence linking defendant to the crime was the eyewitness testimony of Emmons and Eleanor Smith, the victim’s neighbors. Some time after the incident, either two months according to Eleanor Smith, or a week according to Emmons Smith, a police officer visited the Smiths, ostensibly to use the telephone, and told Eleanor that the…