Cunningham v. New York State Department of Labor

Spain, J.P (dissenting).

Respectfully, we dissent. In our view, the global positioning system (hereinafter GPS) evidence submitted against petitioner was obtained by an unconstitutional search and, therefore, the charges sustained by virtue of that evidence must be reversed. However, as the majority recognizes, charges 4, 5, 8, 9, 10, 11 and 12 are supported by inde*1352pendent evidence, thus we would remit for the imposition of a penalty based solely on those sustainable charges.

Here, the search conducted on behalf of respondent had to be reasonable not only at inception — conceded here — but also…