People v. Guerrero

— Order unanimously reversed on the law, motion denied and matter remitted to Supreme Court for further proceedings on the indictment. Memorandum: We reject defendant’s contention that the search warrant failed to describe the premises to be searched with particularity. Upon entering the premises, the police discovered that it had an upper level. The entire apartment, which the warrant application described as a lower apartment, was secured and no search was made until the court granted the application for an amended search warrant to include the upper level.

The error in the description of…