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PEOPLE v. SHEPARD

169 Misc.2d 517 (1996)

646 N.Y.S.2d 252

The People of the State of New York, Plaintiff, v. Tina Shepard and Eduardo Avila, Defendants.

Supreme Court, New York County.

July 3, 1996

Attorney(s) appearing for the Case

Michael G. Dowd, New York City, for Tina Shepard, defendant. James Layton Koenig, Brooklyn, for Eduardo Avila, defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Peter Casolaro of counsel), for plaintiff.

RENA K. UVILLER, J.

When a search warrant authorizes seizure of specific documents, how extensively may the executing officers scrutinize the documents to determine if they fall within the warrant's ambit. If the papers are not specified in the warrant, to what extent may they be examined to assess their value as evidence in the case such as to fall within the "plain view" exception to the warrant requirement...

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