People v. Rhoades

OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, who is charged with criminal possession of a controlled substance, second degree, and criminal possession of marihuana, first degree, pursuant to CPL 710.20 (1), to suppress evidence seized as a result of an allegedly defective search warrant.

The caption of the search warrant was "State of New York, *980County of Monroe, City of Rochester”; no court was specified.1 The warrant was subscribed "John J. Connell, Monroe County Court Judge”. The defendant attacks the search warrant, because, although it was issued by a…