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People v. Northrop

99 Misc. 2d 1083 Court Supreme Court, Appellate Term, Second Department, Decision date 1979-07-26 English

Contents

Majority

p. 1083
The People of the State of New York, Respondent, v Jean K. Northrop, Appellant.
Supreme Court, Appellate Term, Second Department,
July 26, 1979
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

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.

p. 1084
Thus, 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.