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People v. Northrop
99 Misc. 2d 1083
N.Y. App. Term.
1979
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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. *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 Details

Case Name: People v. Northrop
Court Name: Appellate Terms of the Supreme Court of New York
Date Published: Jul 26, 1979
Citation: 99 Misc. 2d 1083
Court Abbreviation: N.Y. App. Term.
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