PEOPLE v. TIRADO


47 A.D.2d 193 (1975)

The People of the State of New York, Respondent, v. Jacque Tirado, Appellant

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

April 3, 1975


Attorney(s) appearing for the Case

Irving Paul for appellant.

Judith K. Rubinstein of counsel (Anthony J. Girese with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

MARKEWICH, CAPOZZOLI and NUNEZ, JJ., concur with STEVENS, P. J.; MURPHY, J., dissents in an opinion.


STEVENS, P. J.

On July 28, 1972, a warrant was issued authorizing the search of Apartment 8B, at premises located at 446 East 86th Street, Borough of Manhattan. The warrant was executed on August 3, 1972, by members of the New York Joint Task Force. On that date, when the officers went to defendant's apartment to execute a "no knock" search warrant, the door was not opened immediately, even after the police identified themselves. It was only while they...

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