PEOPLE v. SPRAGUE


47 A.D.2d 510 (1975)

The People of the State of New York, Respondent, v. Donald G. Sprague, Jr., Appellant

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

May 8, 1975


Attorney(s) appearing for the Case

Ingram & Ingram (Verner M. Ingram, Jr., of counsel), for appellant.

William H. Power, Jr., District Attorney (Richard A. Dudley of counsel), for respondent.

HERLIHY, P. J., GREENBLOTT and MAIN, JJ., concur with REYNOLDS, J.; LARKIN, J., dissents and votes to affirm in an opinion.


REYNOLDS, J.

The judgment must be reversed. The search warrant here involved obtained by officers of the Canton Police Department authorized the search of "the residence located at 53 Gouverneur Street * * * and any persons found within the said residence". In order for a search warrant to validly authorize a search of a premises, it must contain "a designation or description of the place, premises or person to be searched, by means of address, ownership...

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