People v. Branch

Mercure, J. P.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered August 8, 1994, upon a verdict convicting defendant of the crime of resisting arrest.

While executing a "no-knock” warrant for the search of both apartments of a two-family dwelling in the City of Albany, Albany Police Detective William Murphy encountered defendant in the downstairs apartment. Consistent with the police department policy of "securfing] everybody when [executing] a search warrant, for their safety and [that of the police], and to maintain the evidence, if any, within the…