Notable Decisions and Other News

Decisions

Suppression Ruling Reversed

06/08/2016

After his motion to suppress physical evidence was denied, Carl Avinger pled guilty to third-degree burglary, third-degree criminal possession of stolen property, and related crimes.  At the suppression hearing, a detective testified that he had tracked a car that had been used in the burglary of a pawn shop to a residence in Queens.  After finding the car parked “opposite a detached garage . . . in the rear yard of the subject house,” the detective looked through an open window of the garage and saw “several boxes containing video game consoles stacked inside.”  The detective then entered the rear yard, saw hundreds of video games in the garage, encountered and arrested the defendant, and recovered the video games and consoles from the garage.

The Second Department reversed the suppression ruling, holding that the People had failed to identify any exigency justifying the detective’s warrantless entry of the curtilage of the defendant’s home, and sent the case back to the trial court for further proceedings.

Barry Stendig briefed and argued the case on behalf of Appellate Advocates.