People v. Barfield

OPINION OF THE COURT

John V. Vaughn, J.

Defendant moves to controvert the search warrant and suppress the evidence upon the ground that the warrant was executed by an unauthorized person.

The search warrant in this case was addressed to "any Police Officer of the Suffolk County Police Department.” However, the warrant was served and executed by the New York State Police without any assistance from the Suffolk County Police Department. The People explain that the failure to *1032include the State Police in the warrant was a ministerial error and that the issuing Justice was aware that the State Police…