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People v. Hernandez-Garcia

Exigent Circumstances Justified Warrantless Search Denying Suppression of Evidence

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*1 The defendant is charged with one count each of attempted murder in the second degree (Penal Law §110/125.25[1]), assault in the first degree (Penal Law §120.10[1]), attempted rape in the first degree (Penal Law §110/130.35[1]), assault in the second degree (Penal Law §120.05[2]) and criminal possession of a weapon in the fourth degree (Penal Law §265.01[2]).The defendant has moved to suppress the knife on the ground the evidence was recovered as a result of unlawful search.On July 13, 2017, this court held a Mapp hearing. The People presented Police Officer Jacquelyn Campbell and the defendant did not present any witnesses. This court finds that the witness testified in a straight forward and credible manner.FINDINGS OF FACT

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