People v. Hetrick

Mikoll, J. (dissenting).

We respectfully dissent.

County Court improperly denied defendant’s motion to suppress physical evidence. The issuing court failed to interview the nine-year-old child upon whose statements the application for a search warrant was based or anyone else so as to ascertain the child’s understanding of the nature of an oath. The record indicates that Police Officer James Kowulich, who applied for the search warrant, testified at the suppression hearing that the court issuing the warrant did not interview the child affiant or any other person.

" '[U]nder CPL 60.20 (subd 2), a…