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[T] People v. Ventura5/6/2004
ity to issue search warrants of a residence when there is probable cause to believe that a building code violation is being committed providing the three-prong test of New York v. Burger, 482 U.S. 691, 107 S.Ct. 2636, 96 L.Ed.2d 601 (1987); Matter of Patchogue-Medford Congress of Teachers v. Board of Education, 70 N.Y.2d 413, 5176 N.Y.S.2d 456 (1987) and Caruso v. Ward, 72 N.Y.2d 432 (1988) has been met and further that the warrant is not overly broad; and
3. The Court here finds that the aforementioned three-prong test has not been met; that the warrant was overly broad and that all of the evidence seized must be suppressed.
Lastly, the Court takes this opportunity to express its gratitude to the very able, experienced and distinguished lawyers in this case, Dwight Kraemer, Esq., the Village prosecutor and Anthony Mastroianni, Esq., the defense counsel. Both attorneys acted very professionally throughout these proceedings; understood the importance of the case and devoted a great deal of time and expense to it. The Court is very grateful to counsel for helping it to distill the issues in this case and for assisting it in reaching this decision.
The defendants, defense counsel and the prosecutor are directed to appear before this Court on May 13, 2004, at 9:30 a.m., for a conference . This constitutes the decision and order of the Court.
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