People v. Ciccarelli

OPINION OF THE COURT

Louis R. Rosenthal, J.

Defendant moves to suppress all information and evidence obtained pursuant to the search warrant on the grounds that there was no probable cause to issue said warrant. In addition, defendant alleges a violation of CPL 690.50 (subd 5) in that the warrant was not returned without unnecessary delay. In order for the People to proffer evidence or testimony gathered pursuant to a warrant, the evidence must be physically seized if possible. The motion to suppress testimony of what the executing officer observed pursuant to the search warrant is granted…