People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), defendant contends that County Court erred in denying his motion to suppress physical evidence on the ground that the search warrant was illegally executed at night. We agree with the court that the technical violations of CPL 690.30 and 690.35 do not warrant suppression. “[E]vidence seized pursuant to a warrant which improperly authorizes a nighttime search, in violation of statute, need…
2Cases cited15 opinions
- People v. RiveraNew York Court of Appeals · 1988
- People v. BigelowNew York Court of Appeals · 1985
- People v. HanlonNew York Court of Appeals · 1975
- People v. ElwellNew York Court of Appeals · 1980
- People v. GrimingerNew York Court of Appeals · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. ShumwayAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HaywardAppellate Division of the Supreme Court of the State of New York · 2023
- People v. HightowerAppellate Division of the Supreme Court of the State of New York · 2022
- People v. McQueenAppellate Division of the Supreme Court of the State of New York · 2003
7 more not listed; retrieve them via the Exa API.