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MARTINEZ v. CITY OF SCHENECTADY

97 N.Y.2d 78 (2001)

761 N.E.2d 560

735 N.Y.S.2d 868

MELODY MARTINEZ, Appellant, v. CITY OF SCHENECTADY et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 2001.

Attorney(s) appearing for the Case

Jerome K. Frost, P.C., Troy (Arthur R. Frost of counsel), for appellant.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany (Nancy E. May-Skinner of counsel), and Michael T. Brockbank, Corporation Counsel of City of Schenectady, for respondents.

Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur; Judges LEVINE and GRAFFEO taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

The long history of this appeal began in September 1987 when, pursuant to a search warrant, defendants—Schenectady police officers—entered the residence of plaintiff Melody Martinez, seized four ounces of cocaine from a dresser drawer in her bedroom and arrested her.

The search warrant grew out of an investigation into suspected drug activity at...

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