People v. Omowale

Freedman and Manzanet-Daniels, JJ., dissent in part in a memorandum by Freedman, J.,

as follows: I agree with the majority that defendant’s motion to suppress physical evidence in connection with his 2007 encounter with the police should have been granted, but I believe that the motion to suppress in con*620nection with his 2006 encounter should have been granted as well.

With respect to the 2006 incident, I view the record, which the majority summarizes accurately, as insufficient to support Supreme Court’s finding that the police officers were justified in searching the interior of defendant’s…