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People v. Gomez

Evidence Recovered Under Lawfully Executed, Valid Search Warrant Denied Suppression

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MEMORANDUM

*1  Defendant’s omnibus motion is decided as follows: MOTION TO SUPPRESS PHYSICAL EVIDENCE-DENIEDDefendant is charged in the accusatory instrument with committing the crime of Possession of Gambling Records in the Second Degree [PL §225.15(2)]. The misdemeanor information sworn to by P.O. Anaritza Gonzalez alleges that on or about September 8, 2017 at approximately 4:10 P.M., a search warrant issued by the Honorable Cori Weston was executed inside of 401 East 167th Street in the County of the Bronx and defendant was observed sitting in the back room of the location at a desk typing on a laptop computer. It is further alleged that the officer observed the laptop computer to be displaying programs regarding the Dominican lottery and that the laptop computer, printer, keypad and twelve (12) Dominican Republic lottery wager slips were recovered by the police.Defendant now moves to suppress physical evidence or in the alternative, for a Mapp/Dunaway hearing.In support of her motion to challenge the seizure of the property recovered defendant claims that she has standing because she was working at the commercial establishment as a “receptionist” and the property seized was recovered from a desk at which she was sitting and typing on a laptop computer.The People, in opposition to defendant’s motion, contend that defendant does not have standing to challenge the seizure of the

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