People v. Kelly

OPINION OF THE COURT

Alex J. Zigman, J.

*796The defendant, charged with criminal possession of a forged instrument in the third degree, in violation of Penal Law § 170.20, moved to suppress physical evidence and the use of a statement made to law enforcement. On May 11, 2004, Judicial Hearing Officer (JHO) Alfred Kleiman held a pretrial Mappl Dunaway hearing which focused on the stop of defendant’s vehicle and the seizure of an in-transit permit from the vehicle.1 Following the hearing, JHO Kleiman rendered certain factual findings but reserved decision on the propriety of the stop, requesting that…