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Appellate Division, Second Department: February 3, 2023

Handdown List released on:February 1, 2023

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By Barros, J.P.; Zayas, Ford, Taylor, JJ.

THE PEOPLE, ETC., res, v. ELIJAH FLOWERS, app — (Index No. 3994/15) Patricia Pazner, New York, NY (Melissa Lee and David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyce of counsel), for respondent. Appeal by the defendant from a judgment of the Supreme Court, Kings County (William M. Harrington, J.), rendered May 18, 2018, convicting him of sexual abuse in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials. ORDERED that the judgment is affirmed. On May 20, 2015, New York City Police Department officers responded to a report of a sexual assault at a family shelter located in Brooklyn. Upon arrival, the police officers approached the shelter’s security desk and were escorted to the room where the assault allegedly occurred. The police officers learned from witnesses at the shelter that the defendant, who also lived in the shelter, and his friend had assaulted the intoxicated complainant the night before, and that the defendant and his friend were still in the defendant’s room at the shelter. A shelter security guard then escorted the officers to the defendant’s room, the officers knocked on the door, and, after they received no answer, the security guard informed the officers that, because it was a shelter, he could open the door for the officers and authorize a search of the room. The security guard then opened the door, the officers found the defendant and his friend hiding inside, and arrested both men.

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