Appellate Terms of the Supreme Court of New York, 1979

People v. Northrop

Appellate Terms of the Supreme Court of New York · Decided July 26, 1979

99 Misc. 2d 1083; 420 N.Y.S.2d 846; 1979 N.Y. Misc. LEXIS 2395

Counsel

APPEARANCES OF COUNSEL, Reuben R. Kaufman for appellant. David N. Hilgendorff, Corporation Counsel (Carolyn A. Cairns and Jeffrey L. Levin of counsel), for respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law and facts and information dismissed.

While the search warrant authorized its execution between June 27 and July 6, 1978, the execution of the warrant on two separate occasions seven days apart was clearly improper. *1084Thus, testimony of the observations made on the latter inspection should not have been permitted (see CPL 690.45, subd 7; cf. 79 CJS, Searches and Seizures, § 83[a]; 68 Am Jur 2d, Searches and Seizures, § 109). In any event, the record does not establish that the subject premises were occupied by more than two families.

Concur: Farley, P. J., Slifkin and O’Gorman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.