People v. Hill

*419The primary illegality of the police conduct in searching defendant’s belongings while he was hospitalized at Jacobi Hospital is undisputed. The physical evidence subsequently discovered by the police — a ring in defendant’s vehicle and a gun in the curtilage of his home — was obtained as the result of the earlier, impermissible search of defendant’s belongings. I would accordingly grant the motion to suppress the physical evidence subsequently recovered as the fruit of the poisonous tree.*

As an initial matter, defendant’s argument was preserved. Defense counsel argued that because the…