People v. Roberts

Defendant was charged with possession of weapons and dangerous instruments and appliances, in violation of subdivision 3 of section 265.05 of the Penal Law. The defendant waived a trial by jury and by stipulation the previously ordered hearing relative to the due execution of the search warrant was conducted as part of the trial.

To first dispose of the hearing, the court finds that although the defense raised questions regarding the due execution of the warrant, the defendant failed to prove by a preponderance of the credible evidence that the warrant was not properly executed. The testimony…