People v. Gaston

Judgment unanimously affirmed. Memorandum: On July 10, 1974 officers from the Buffalo Police Department obtained a warrant to search the upper left apartment at 234 Woodlawn, rented by Daffney Giles, who was home at the time of the search. Police seized papers bearing defendant’s name along with marihuana and drug paraphernalia and, according to the inventory sheet, one eighth of an ounce of a narcotic drug. Defendant, who was not on the premises at the time of the search, was not immediately arrested. According to testimony taken at a speedy trial hearing in 1978, defendant heard police were…