People v. Barnes

Barros, J.,

dissents, and votes to reverse the judgment, on the law and the facts, grant that branch of the defendant’s omnibus motion which was to suppress physical evidence, and dismiss the indictment, with the following memorandum: Since the People failed to meet their heavy burden in establishing that the defendant voluntarily consented to the search by law enforcement officials, I dissent.

When the People rely on consent to justify a search or seizure, “they bear the ‘heavy burden’ of establishing that such consent was freely and voluntarily given” (People v Marcial, 109 AD3d 937, 938…