People v. Childers

After a conviction before another Justice of this court, this matter was returned by the Appellate Division for a new trial (28 A D 2d 725). Defendant now makes this motion for leave to reargue a motion to controvert a search warrant and to suppress evidence denied by me after a hearing held prior to the trial.

Three grounds are asserted as the predicate for this motion, namely: (1) that under section 2148 of the former Penal Law the execution of the search warrant on a Sunday was a void act and that, therefore, the seizure of articles under that warrant was unlawful; (2) that the search…