People v. Riche, 225 A.D.3d 30

Defendant Fabrice Riche was convicted of first-degree assault after repeatedly stabbing his estranged wife's boyfriend in Brooklyn, NY, in November 2016.
The prosecution obtained a search warrant in October 2018 for historical cell site location information (CSLI) and call detail records from T-Mobile, related to both Riche's and his wife's phone numbers.
The search warrant directed the prosecutor to serve it on T-Mobile at their office in New Jersey, accomplished by fax from the District Attorney's office in Kings County, NY.
Riche moved to suppress this evidence, arguing the warrant was invalid because it was executed outside New York State.
The trial court denied the motion; Riche was found guilty, sentenced to 10 years' imprisonment, plus 5 years post-release supervision, and appealed the denial of his motion to suppress.

Issue	Riche's Argument	People's Argument	Held
Whether the search warrant was executed outside New York in violation of CPL 690.20(1) and the NY Constitution	Warrant was invalid because it was served on T-Mobile in NJ	Warrant was executed in NY when faxed from Brooklyn	Execution occurred in NY; warrant valid
Whether the search warrant was overly broad or ambiguous	Warrant was insufficiently specific or too broad	Warrant sufficiently particularized the items sought	Warrant was adequately particular and not overbroad
Admissibility of expert CSLI testimony	Likely challenged analyst's qualifications	Analyst was qualified with proper experience	Analyst properly qualified as an expert
Excessiveness of sentence	Sentence was excessive	Sentence was within legal limits	Sentence was not excessive

People v. Schneider, 37 NY3d 187 (N.Y. 2021) (holding that execution of certain warrants occurs at the place law enforcement takes action, not where the data originates)
People v. Nieves, 36 NY2d 396 (N.Y. 1975) (discussing the Fourth Amendment's core privacy protections)
Carpenter v. United States, 585 U.S. _ (2018) (CSLI records require warrant supported by probable cause)