THE PEOPLE &C., RESPONDENT, v. JAMES ROSSI, APPELLANT.
80 N.Y.2d 952, 605 N.E.2d 359, 590 N.Y.S.2d 872 (1992).
October 22, 1992
1 No. 169
Decided October 22, 1992
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Michael R. Gavenchak, for Appellant.
David Joseph Mudd, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed, defendant's
motion granted to the extent of suppressing the arresting officer's
testimony concerning defendant's post-arrest conduct, and the
indictment dismissed.
Defendant was arrested during the course of an investigation of
illegal gambling activities allegedly being conducted in Room 406 of a
New York City office building. It is now undisputed that defendant's
arrest in the hallway outside the room was unlawful and that the
police officers subsequently executed a valid search warrant. In
defendant's omnibus motion, he sought to suppress all tangible
evidence, statements and other evidence "flowing from" his unlawful
arrest and he requested a hearing pursuant to Dunaway v New York (442
US 200). Without holding a hearing, Supreme Court denied the motion on
the ground that the search warrant was validly executed. At the bench
trial, a jacket recovered from Room 406 was admitted into evidence.
Additionally, the arresting officer testified that after defendant's
arrest in the hallway he was brought back to Room 406, that he was
instructed to sit down, that defendant sat down in an empty chair with
a jacket hanging on the back of it and that defendant picked up the
jacket and put it on when the police officers and the co-defendants
exited the room. Defendant was convicted of promoting gambling in the
first degree, possession of gambling records in the first degree, and
possession of a gambling device. A divided panel of the Appellate
Division affirmed the conviction, holding that "the testimony about
the jacket, resulted solely from the execution of a search warrant,
whose validity defendant does not contest" (People v Rossi, 177 AD2d
303, 306).
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. JAMES ROSSI, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be reversed, defendant's motion granted to the
Defendant was arrested during the course of an investigation of illegal gambling activities
It is now undisputed that defendant's arrest in the hallway outside the room was unlawful and
In defendant's omnibus motion, he sought to suppress all tangible evidence, statements and
Without holding a hearing, Supreme Court denied the motion on the ground that the search
Additionally, the arresting officer testified that after defendant's arrest in the hallway he
Defendant was convicted of promoting gambling in the first degree, possession of gambling
A divided panel of the Appellate Division affirmed the conviction, holding that "the
While the jacket was properly admitted in evidence as the product of the warrant execution,
The necessary connecting evidence was supplied by the arresting officer's testimony
Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.
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