People v. Binns

In People v. Binns, 299 A.D.2d 651 [3d Dept. 2002], the primary evidence was a key seized unlawfully from the defendant and used, along with information from other sources, to locate the defendant's apartment and to obtain a search warrant for that apartment, which was found to contain drugs and money. The Appellate Court concluded that the key was primary evidence that had to be suppressed, but that the physical evidence found inside the apartment was properly admitted. (Id. at 653-654.) Binns demonstrates the distinction between primary and secondary evidence.