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STATE v. HARDER

8 Misc.3d 764 (2005)

STATE OF NEW YORK ex rel. MARK THOMPSON, Petitioner, v. DAVID HARDER, as Sheriff, et al., Respondents.

Supreme Court, Broome County.

March 11, 2005.

Attorney(s) appearing for the Case

Anthony Mayol, Forest Hills, for petitioner.

Eliot Spitzer, Attorney General, Binghamton (Geoffrey B. Rossi of counsel), for respondent.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In this proceeding, relator Mark Thompson seeks to suppress evidence that he believes might be used against him in a final parole revocation hearing, on the ground that it is the "fruit" of an improper search or seizure. After considering the evidence introduced at a testimonial hearing held on February 8, 2005, the court has made the following factual findings.

At sometime between 1:00 and 3:00 a.m. on...

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