People v. Barnville

Order, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), entered February 23, 2005, which, after a Mapp hearing, granted defendant’s motion and suppressed the physical evidence seized from defendant at the time of his arrest, unanimously reversed, on the law and the facts, the motion denied and the matter remanded for further proceedings.

The hearing testimony established that on April 19, 2001, at approximately 9:30 p.m., Detective Donnellan of Bronx Narcotics was manning an observation post located approximately 60 feet from 1220 College Avenue in the Bronx, a known illegal…