Appellate Division Affirms Suppression of OAD's Client's Statement

Today, the First Department affirmed the trial court's decision to suppress the physical evidence and statements the People sought to introduce against OAD's client. The Court held that the hearing record supports the trial court's conclusion that "the People did not meet their initial burden of coming forward with credible evidence to establish the legality of the [car] stop" that produced the evidence at issue, because the police officer's testimony about that stop was "conclusory and sometimes contradictory" and, indeed, "the officer's testimony gave the court reason to suspect that the car was actually stopped because of an encounter on the street 20 minutes earlier between the car's occupants and the same officer."  You can read the decision here.  Congratulations to OAD Staff Attorney, Kami Lizarraga.