PEOPLE v. VARNEY


32 A.D.2d 181 (1969)

The People of the State of New York, Appellant, v. Arthur C. Varney, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 9, 1969.


Attorney(s) appearing for the Case

John R. Heilman, Jr., District Attorney (Albert M. Rosenblatt of counsel), for appellant.

O'Donnell & O'Donnell (Charles O'Donnell, Jr., of counsel), for respondent.

CHRIST, BRENNAN, RABIN and HOPKINS, JJ., concur.


BELDOCK, P. J.

The question we are called upon to determine is whether a daytime search is illegal when conducted pursuant to a search warrant which, although otherwise valid, improperly authorized a nighttime search.

The evidence in issue was seized by the police pursuant to a warrant which authorized a search "in the daytime at any time of the day or night." The defendant tacitly concedes that the search took place during the daytime and does...

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