People v. Ramirez

Callahan, J. P.

(dissenting). I respectfully dissent. In my view, the record fails to support the majority conclusion that defendant’s attorney waived defendant’s right to a pretrial hearing on the issue of the execution of the search warrant. Defense counsel agreed that no hearing was necessary on the issuance of the warrant, but did request a hearing to determine whether the police officer executed the search warrant in compliance with its terms and the statute (CPL 690.50). The court improperly denied that request. The statute specifically provides that the officer must give notice of his…