90 A.D.2d 641 | N.Y. App. Div. | 1982
Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered February 18, 1981, upon a verdict convicting defendant of two counts of the crime of criminal possession of a controlled substance in the third degree and one count of the crime of criminally using drug paraphernalia in the second degree. On May 16, 1980, Detective Sutton of the Albany Police Department applied for, and secured, a “no-knock” search warrant to search three named persons, “the basement apartment located at 12 Ash Grove Place, Albany”, and “any other person or persons therein or thereat”. The named persons, Mary Dean, Charles Gaddy and “Beany” (later identified as William Hazel), were believed to be engaged in selling heroin there. When the