People v. Denis

OPINION OF THE COURT

Gary F. Knobel, J.

Upon the foregoing papers, and after a Mapp hearing (see Mapp v Ohio, 367 US 643 [1961]), as ordered by the Honorable Tricia M. Ferrell on May 13, 2010, the branch of defendant’s omnibus motion to suppress the evidence against him as the product of an illegal search is denied.

Defendant argues that an illegal, nonconsensual and warrant-less search was conducted on the subject residential property located at 222 Urban Avenue, Westbury, New York. It is defendant’s contention that the observations of Mr. William Smalley, a New York State certified building…