In his nearly 40-page decision in the Jacquelyn Porreca case, State Supreme Court Justice Thomas Breslin tossed statements Sean Moreland gave to Colonie Police about the crime.
Breslin says detectives knowingly questioned him twice in November, after Moreland had asked for his attorney. Breslin also ruled that prosecutors cannot use anything from Moreland's car or cell phones, which he says were improperly seized.
Moreland is accused of driving Michael Chmielewski to and from the Recycled Salon in Colonie last August to steal money to feed their drug habit. During the course of the robbery, police say Chmielewski stabbed and killed Porreca. Chmielewski's statements will be allowed in court.
Both men are scheduled to return to court next week.