Notable Decisions and Other News

Decisions

Court of Appeals Reverses Conviction, Suppresses Evidence

February 23, 2016

The issue in this case was “whether defendant’s constitutional right to be free from unreasonable searches and seizures was violated when police took defendant’s clothing, which had been placed in a clear hospital bag, without either a warrant or his consent.”  The Second Department had held that the defendant’s clothing was “openly visible” and, in any event, that the seizure was justified by probable cause, but the Court of Appeals unanimously found the police conduct unconstitutional, reversed the defendant’s conviction of criminal possession of a weapon in the second and third degrees, and suppressed the physical evidence.   

Shanda Sibley of Appellate Advocates briefed and argued the case in the Court of Appeals.