People v. Turner

OPINION OF THE COURT

David D. Egan, J.

The defendants are charged with criminal possession of a *117controlled substance in the third and fourth degrees. A properly issued search warrant is attacked by the defendants in that it contains an ambiguity and the defense seeks suppression of all evidence obtained as a result of the ensuing search.

The application for the warrant contained a request that the "Search Warrant contain an authorization for execution thereof after the hours of 9:00 P.M.” and also requested "that the search warrant contain an authorization for execution thereof at any time of…