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People v. Gordon

Evidence Obtained Via Use of Cell Site Simulator Granted Suppression

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*1  The defendant is charged with attempted murder in the second degree; assault in the first degree; attempted assault in the first degree; assault in the second degree; two counts of criminal possession of a weapon in the second degree; criminal possession of a firearm; criminal possession of a weapon in the fourth degree and assault in the third degree. The People allege that on February 16, 2016, the defendant attempted to cause the death of Travis Browne by means of a firearm. Initially, Mr. Browne told Detective Morra that as he walked northbound on Ocean Avenue, he heard a gunshot and felt pain in his back. He also indicated he had not seen the shooter. However, sometime later, Mr. Browne told the Detective that the person who shot him was an individual he knew as “Ice” with whom he had a fist fight earlier in the day. Assumedly, based on Mr. Browne’s identification of that

*2

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