People v. Haupt

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered April 25, 2002. The judgment convicted defendant, upon a jury verdict, of gang assault in the first degree and assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, the motion to suppress is granted in part and a new trial is granted in accordance with the following memorandum: County Court erred in denying that part of the motion of defendant to suppress the fruits of a warrantless entry and search of his bedroom by police…