Opinion
2016–09876 Ind. No. 1964–15
02-06-2019
The PEOPLE, etc., Appellant, v. Tyrone D. GORDON, Respondent.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Miller and Guy Arcidiacono of counsel), for appellant. Jonathan B. Manley, Hauppauge, NY, for respondent.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Miller and Guy Arcidiacono of counsel), for appellant.
Jonathan B. Manley, Hauppauge, NY, for respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDERORDERED that the order is affirmed insofar as appealed from.
We agree with the Supreme Court's determination to grant that branch of the defendant's omnibus motion which was to suppress physical evidence seized from two vehicles during the execution of a search warrant. The search warrant permitted a search of "the person of [the defendant] and the entire premises located at 133 Norfleet Lane, Coram N.Y. is [sic] a 1 story ranch style house with a yellow siding and a gray colored roof." During the search of the premises, police officers also searched two vehicles located on the property and seized evidence from the vehicles. Since the search warrant did not particularize that a search of the vehicles was permitted (see CPL 690.15 ; People v. Sciacca, 45 N.Y.2d 122, 126–127, 408 N.Y.S.2d 22, 379 N.E.2d 1153 ; People v. Dumper, 28 N.Y.2d 296, 299, 321 N.Y.S.2d 586, 270 N.E.2d 311 ; People v. Velez, 138 A.D.3d 1041, 30 N.Y.S.3d 218 ), and since probable cause to search those vehicles had not been established in the application for the search warrant (see People v. Hansen, 38 N.Y.2d 17, 377 N.Y.S.2d 461, 339 N.E.2d 873 ), we agree with the court's determination to grant suppression of the evidence seized from the vehicles.
DILLON, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.