People v. Northrop

Appellate Terms of the Supreme Court of New York

People v. Northrop

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

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 26, 1979

StatusPublished

This text of 99 Misc. 2d 1083 (People v. Northrop) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Northrop, 99 Misc. 2d 1083, 420 N.Y.S.2d 846, 1979 N.Y. Misc. LEXIS 2395 (N.Y. Ct. App. 1979).

Pincite

Opinion

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. [1084]*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.

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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. [1084]*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.

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Bluebook (online)

99 Misc. 2d 1083, 420 N.Y.S.2d 846, 1979 N.Y. Misc. LEXIS 2395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-northrop-nyappterm-1979.