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.