People v. Freeman

Whalen, P.J., and Troutman, J.

(dissenting). We respectfully dissent. In our view, the People failed to meet their burden at the suppression hearing of establishing that defendant voluntarily consented to the police officers’ entry into and search of his residence. We would therefore reverse the judgment, vacate the plea, grant that part of defendant’s omnibus motion seeking suppression of tangible property and statements obtained following the entry into defendant’s residence, dismiss the first and second counts of the indictment, and remit the matter to County Court for further proceedings…