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1
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OPINION
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EXTRACTED KEY WORDS
POLICE CONFESSION CITGO SEARCH WARRANT COURT MURDER INVESTIGATOR ROBBERY CALIBER CRIMES PHYSICAL EVIDENCE GARAGE INTERROGATION HOMICIDE SUPPRESS NY2D CONNECTION CITGO STATION LAKE GEORGE SUPPRESSION COUNTY COURT APPELLATE DIVISION UNREPRESENTED CRIME IMPERMISSIBLE QUESTIONING REPRESENTING RESPONDENT EVIDENCE SEIZED PURSUANT STORE CLERK LABORATORY ANALYSIS |
THE PEOPLE &C., RESPONDENT, v. BENJAMIN E. COHEN, APPELLANT.
90 N.Y.2d 632, 687 N.E.2d 1313, 665 N.Y.S.2d 30 (1997).
October 30, 1997
3 No. 194
(97 NY Int. 0188)
Decided October 30, 1997
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Gary C. Hobbs, for appellant.
John P.M. Wappett, for respondent.
LEVINE, J.:
Defendant appeals, leave having been granted by a Judge of this Court,
from the denial of his omnibus motion to suppress his confession and
physical evidence seized pursuant to a search warrant, both obtained
in connection with the November 27, 1994 robbery murder of the store
clerk of a Citgo station mini mart at Exit 23 of the Northway in the
Town of Lake George, WarrenCounty.
During the initial police investigation of the Citgo homicide, the
police recovered a spent bullet which laboratory analysis later
determined had been fired from a .22 caliber older model gun. This
information and the statement of an identified informant, Christopher
Mackrodt, largely comprised the basis for the warrant. Mackrodt gave
his statement with notice that any falsity would subject him to
criminal sanctions under Penal Law
§ 210.45.
Mackrodt related that, when visiting the home of codefendant David
McCulloch and in the presence of defendant and codefendant Francis
Anderson, he was shown: an older looking .22 caliber revolver, black
colored with a wooden handle; a .357 caliber revolver; and a third gun
which he described in appearance but could not otherwise identify. In
his subsequent visits to the McCulloch residence, defendant, McCulloch
and Anderson disclosed to Mackrodt that they had stolen the three guns
from Thompson's Garage in Lake George Village, and that they were
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