People v. Allen

Defendant’s sole contention on appeal is that County Court erred in denying his motion to suppress because a clause authorizing the search of “any person present” inside the apartment (CPL 690.15 [2]) was improperly included in the warrant, rendering the entire search warrant invalid. County Court found — and the People do not dispute — that probable cause did not exist for such a clause to be included in the search warrant. However, the court determined that the “any person present” provision could be severed from the rest of the warrant and the *1492remainder of the search warrant was otherwise…