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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TYQWAN COLES, ALSO KNOWN AS SMOOTH/SMOOVE/KEVIN HARRIS, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: We previously held this case, reserved decision and remitted the matter to County Court to determine whether the evidence seized from defendant's apartment and his statement to the police should be suppressed as the fruit of the illegal entry into his apartment prior to the issuance of the search warrant (People v. Coles, 105 AD3d 1360, 1363). We determined in our prior decision that none of defendant's remaining contentions on the appeal from the judgment of conviction after a jury trial warranted reversal or modification of the judgment (id. at 1360–1362). Upon remittal, the court denied defendant's request for suppression, and we now affirm. The court properly concluded that defendant's statements given at the police station and the evidence seized from the apartment upon the execution of the search warrant were not causally related to the earlier illegal entry into defendant's apartment (see People v. Boyson, 105 AD3d 1364, 1364, lv denied 22 NY3d 1039; see generally People v. Arnau, 58 N.Y.2d 27, 33, cert denied 468 U.S. 1217).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 10–02301
Decided: May 02, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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