THE COURT:  This is People versus Atkinson.
                                 MR. WHITE:  Mr. Atkinson is still in the 
                    hall, your Honor.  Ms. Black, I believe, has not arrived 
                    as yet.
                                 THE COURT:  Are we ready on People versus 
                    Atkinson?
                                 MR. WHITE:   The People are ready, your 
                    Honor. 
                                 THE COURT:  Are you ready on Atkinson? 
                                 MS. BLACK:  Yes, your Honor.  Please excuse 
                    me.  I left home at quarter to eight. 
                                 THE COURT:  Very well.  Let's proceed with 
                    Atkinson.  Please state your appearances for the record.
                                 MS. BLACK:  My name is Christine Black.  I am 
                    appearing for Carl Atkinson, who is in court.
                                 MR. WHITE:   Wade B. White appearing for the 
                    People.  We are ready. 
                                 THE COURT:  Very well, you may proceed.
                                 MR. WHITE:   Your Honor, before we commence 
                    with the motion under Section 789.9, I would like to have 
                    Ms. Black specify the evidence she seeks to suppress. 
                                 MS. BLACK:  That information is contained in 
                    Counts 1, 4 and 14 in the complaint on file herein.
                                 MR. WHITE:   Are you referring to the 
                    indictment at this time? 
                                 MS. BLACK:  Yes, that's correct.
                                 MR. WHITE:   So you are referring to all the 
                    evidence that was introduced at the time of the Grand Jury 
                    hearing, is that correct? 
                                 MS. BLACK:  Well, on behalf of Atkinson, all 
                    evidence excluding that evidence having to do with one 
                    count of the indictment, Count 13.  On behalf of Cassidy, 
                    the other defendant, your Honor, all evidence including 
                    that contained in Count 13 of the indictment.
                                 MR. WHITE:   Very well, your Honor.  The 
                    People have in their possession an affidavit in support of 
                    a petition for a search warrant, and also a return on said 
                    search warrant, number 79411.  We would like this marked 
                    as People's Exhibit 15.  I requested that number so we may 
                    have some continuity in numbers. 
                                 THE COURT:  Marked what?
                                 MR. WHITE:   15, your Honor. 
                                 THE COURT:  This will be received on this 
                    motion and marked People's 15.
                                 MR. WHITE:   It already bears a tag, your 
                    Honor.  I will hand it to the clerk. 
                                 MS. BLACK:  I would like to add something 
                    else to the indicated evidence that I wish to suppress.  
                    It is not only all evidence presented to the Grand Jury, 
                    but all evidence within the allegations of Counts 1, 4 and 
                    11 of the indictment.  This indictment is on file herein.  
                    Also in addition to that, please include Count 13 for the 
                    defendant Cassidy, your Honor. 
                                 THE COURT:  Very well.  The record will so 
                    indicate. 
                                 MS. BLACK:  At this time, before we continue, 
                    I would like to for the record indicate that this motion 
                    was made pursuant to Section 7803.9 of the State Penal 
                    Code and is made for 7892 and 7893 as they may also be 
                    applicable for the purpose of traversing the warrant in 
                    this case. 
                                 THE COURT:  Very well.  The record will so 
                    reflect that. 
                                 MS. BLACK:  Are we ready to go on?
                                 MR. WHITE:   The People have nothing further 
                    at this time. 
                                 MS. BLACK:  At this time, your Honor, I would 
                    like to move to exclude all witnesses. 
                                 THE COURT:  Is there any objection?
                                 MR. WHITE:   No objection, except one officer 
                    should remain.  He is my investigating officer and he has 
                    been with me throughout this case.  This is Detective 
                    Edward Maddigan of the New York City Police Department, 
                    District Attorney's office.  He is seated to my left here 
                    at the counsel table. 
                                 THE COURT:  This motion is granted.  You may 
                    have your investigating officer stay.  All witnesses in 
                    the case are to remain outside the courtroom until they 
                    are called.  Do not discuss your testimony before or after 
                    being called as a witness. 
                                 MS. BLACK:  I will call Officer Winchell to 
                    testify. 
                                 THE COURT:  Officer, I will now swear you in. 
                                 You do solemnly swear the testimony you may 
                    give in this cause now pending before this scout shall be 
                    the truth, the who will truth and nothing but the truth, 
                    so help you God? 
                                 THE WITNESS:  I do. 
                                 THE COURT:  Be seated, state your full name 
                    for the record, spell your last name. 
                                 THE WITNESS:  Andrew I.  Winchell, 
                    W-I-N-C-H-E-L-L.  
                    EXAMINATION BY MS. BLACK: 
                            Q.   Officer Winchell, on January the 18th, 1993, 
                    what was your business or occupation?
                            A.   I was a police officer employed by the New 
                    York City Police Department.  I was at that time assigned 
                    to the plainclothes division of the Police Department. 
                            Q.   On the date of January 18, 1993, did you have 
                    occasion to go to an address on Flowerdale Road?
                            A.   Yes, ma'am, I did. 
                            Q.   Were you in possession of any confidential 
                    information before you went to 1030 Flowerdale Road that 
                    would lead you to believe that any unlawful activity was 
                    taking place at that location on Flowerdale Road?  I am 
                    referring to your first visit on that day.
                                 MR. WHITE:   Objection.  I do not believe it 
                    has been established that there were multiple visits to 
                    the premises. 
                                 THE COURT:  Overruled.  Just answer the 
                    question, Officer. 
                            A.   Not specifically, no. 
                            Q.   And did you know of Carl Atkinson prior to 
                    going to the residence at 1030 Flowerdale Road on January 
                    19th, 1993?
                                 MR. WHITE:   January 18th, your Honor. 
                                 THE COURT:  Yes, so noted. 
                                 MS. BLACK:  Thank you, your Honor.