United States Second Circuit

Denial of defendant's motion to suppress evidence discovered as a result of a warrantless search of his home is remanded to the district court with instructions for it to decide the issue of consent.

Appellate Information

• Decided 09/20/2005
• Published 09/20/2005

Judges

• SACK, Circuit Judge., Before:  STRAUB and SACK, Circuit Judges, and KRAVITZ, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Neil B. Checkman, New York, NY, for Defendant-Appellant., Sarah Y. Lai, Assistant United States Attorney for the Southern District of New York (David N. Kelley, United States Attorney, Peter G. Neiman, Assistant United States Attorney, of counsel), New York, NY, for Appellee.