People of State of New York v. Xochimitl

Barros, J.,

dissents, and votes to remit the matter to the Supreme Court, Kings County, for a new determination of that *795branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials in accordance herewith, and thereafter a report to this Court advising of the new determination, and to hold the appeal in abeyance in the interim, with the following memorandum: Because the People’s evidence at the suppression hearing was insufficient, as a matter of law, to meet their heavy burden in establishing that consent was freely and voluntarily given to the…