Opinion
Case No. 1:18-cr-00186-FB-1
03-18-2019
Appearances: For the Plaintiff: RICHARD P. DONOGHUE, ESQ. United States Attorney Eastern District of New York By: JAMES P. MCDONALD, ESQ. Assistant United States Attorney 271 Cadman Plaza East Brooklyn, NY 11201 For the Defendants: FEDERAL DEFENDERS OF NEW YORK, INC. By: JAN A. ROSTAL, ESQ. ASHLEY M. BURRELL, ESQ. One Pierrepont Plaza, 16th Floor Brooklyn, NY 11201
MEMORANDUM & ORDER Appearances:
For the Plaintiff:
RICHARD P. DONOGHUE, ESQ.
United States Attorney
Eastern District of New York
By: JAMES P. MCDONALD, ESQ.
Assistant United States Attorney
271 Cadman Plaza East
Brooklyn, NY 11201 For the Defendants:
FEDERAL DEFENDERS OF
NEW YORK, INC.
By: JAN A. ROSTAL, ESQ.
ASHLEY M. BURRELL, ESQ.
One Pierrepont Plaza, 16th Floor
Brooklyn, NY 11201 BLOCK, Senior District Judge :
Defendant Belton Brabham has moved to suppress the firearm that was found on his person by Detective James Harkins, as well as statements that Brabham made to law enforcement following his arrest, because they are the fruits of an illegal search and seizure.
A hearing was held on Mr. Brabham's suppression motion on March 14, 2019. At the hearing, the government presented testimony from Detective Harkins. The Court finds Detective Harkins' testimony credible and concludes that he had probable cause to arrest Mr. Brabham.
Brabham's motion to suppress is, therefore, denied.
SO ORDERED.
/s/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge March 18, 2019
Brooklyn, New York