Opinion
November 9, 1987
Appeal from the County Court, Nassau County (Samenga, J.).
Ordered that the judgment is affirmed.
We agree with the hearing court's determination that the initial entry by the police onto the defendant's premises was lawful. The hearing court therefore properly ruled that the officers could testify at trial as to their observations of the physical items observed by them even though all but one of these items were suppressed by the court because they were later illegally seized (see, People v. Dory, 59 N.Y.2d 121, 127).
We note that the hearing court correctly cautioned that its ruling was subject to trial challenges as to the relevancy and materiality of the observation testimony. Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.