People v. Rose

Appeal from an order of the County Court of Broome County (Pelella, J.), entered January 13, 2017, which granted defendant’s motion to suppress evidence.

At roughly 2:40 a.m. on February 26, 2015, Kevin Mauser, a sergeant in the Broome County Sheriffs Office, received a radio dispatch informing him that the victim of an alleged robbery had reportedly found his stolen vehicle. Roughly 15 minutes later, Mauser arrived in the general area in which the vehicle had been reported as found and, before confirming its location, began “looking for anybody” within a one-block radius of the vehicle. As he…