PEOPLE v. JOHNS


41 A.D.2d 342 (1973)

The People of the State of New York, Appellant, v. Durward Kent Johns, Jr., Respondent

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

May 3, 1973.


Attorney(s) appearing for the Case

Andrew F. Siedlecki, District Attorney (Robert J. Simpson of counsel), for appellant.

Battaglini & Shamulka (Richard A. Battaglini of counsel), for respondent.

HERLIHY, P. J., COOKE, KANE and MAIN, JJ., concur.


GREENBLOTT, J.

This is an appeal from an order of the County Court of Tioga County, entered September 29, 1972, which granted the defendant's motion to suppress evidence.

This appeal presents a question as to the legality of a search and seizure undertaken pursuant to a search warrant, valid on its face, but subsequently proven defective.

At approximately 2:00 A.M. on April 6, 1972, the Tioga...

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