People v. Allen

OPINION OF THE COURT

Lucy Billings, J.

I have reviewed the transcript and the recommended findings of fact and conclusions of law from the pretrial suppression hearing held February 23, 1998, in Part AP8, before Judicial Hearing Officer Morris Goldman. I adopt his findings *859of fact and conclusions of law to the extent set forth below and modify them for the reasons articulated.

FINDINGS OF FACT

Defendant is charged with violating Penal Law § 220.03, criminal possession of a controlled substance in the seventh degree. The court granted defendant’s motion for a hearing pursuant to Dunaway v New York…