People v. Scruggs

Judgment unanimously reversed and new trial granted. Memorandum: Of the several issues raised by defendant in his appeal from a conviction after a jury trial of murder, second degree, arising from the shooting death of Mary Beth Carideo, one requires reversal. The warrant authorizing a search of defendant’s apartment at 519 Parade Street in Erie, Pennsylvania, and of “other apartments at 519 Parade Street, Erie, that Mr. Scruggs has excess [sic] to,” was constitutionally deficient for not “particularly describing the place to be searched” (US Const, 4th Amdt; NY Const, art I, § 12; see People…