Legal Opinion

People v. Bilsky

New York Court of Appeals

Decided June 29, 2000PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The question proffered on this appeal is whether the “law of the case” doctrine applies when prosecutors make a second application for a search warrant to a different Judge from the one first presented with the application. We hold that the protocol does not apply, and the order of the Appellate Division should therefore be affirmed. Notably in this case and circumstance, the second applicátion contained a disclosure to the different Magistrate, describing the first fruitless effort.

Over a period of approximately a week and a half, the NYPD Manhattan Narcotics…

2Cases cited11 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. Martin v. City of CohoesNew York Court of Appeals · 1975
  4. People v. EvansNew York Court of Appeals · 2000
  5. People v. HanlonNew York Court of Appeals · 1975

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3Cited by24 opinions

  1. Westerbeke Corporation v. Daihatsu Motor Co., Ltd.Court of Appeals for the Second Circuit · 2002
  2. Albany County Department of Social Services v. RossiAppellate Division of the Supreme Court of the State of New York · 2009
  3. Halliburton Energy Services, Inc. v. NL IndustriesDistrict Court, S.D. Texas · 2008
  4. People v. AlteriAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2003

19 more not listed; retrieve them via the Exa API.

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