People v. Mackie

sJudgment unanimously affirmed. Memorandum: Defendant was convicted by a jury verdict, after a second retrial, of four counts of rape in the first degree (Penal Law § 130.35) and one count of sodomy in the first degree (Penal Law § 130.50). On defendant’s first appeal, we concluded that it was error to admit into evidence items seized during the warrantless search of defendant’s apartment by his parole officer and two police officers (People v Mackie, 77 AD2d 778). On the second appeal, we ruled that the court should have suppressed a statement taken by the police and testimony pertaining to…