Legal Opinion
State v. Fulton
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2008No. Appeal No. 1PublishedCited by 6 opinions
1Opinion of the Court
Memorandum: We conclude in these appeals by the People that County Court properly granted those parts of defendants’ respective omnibus motions seeking suppression of the physical evidence seized pursuant to a search warrant. “Generally, a warrant to search a subunit of a multiple occupancy structure is void if it fails to describe the subunit to be searched and only describes the larger structure” (People v Henley, 135 AD2d 1136, 1136 [1987], lv denied 71 NY2d 897 [1988]; see People v Brooks, 54 AD2d 333, 335 [1976]; see generally People v Rainey, 14 NY2d 35, 37-39 [1964]). Here, although…
2Cases cited3 opinions
- People v. RaineyNew York Court of Appeals · 1964
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1976
- People v. HenleyAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- People v. CookAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2020
- COOK, MICHAEL D., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CookAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DuvalAppellate Division of the Supreme Court of the State of New York · 2019
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