PEOPLE v. IZZO


50 A.D.2d 905 (1975)

The People of the State of New York, Respondent, v. Michael Izzo, Appellant

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

December 29, 1975


Judgment and order reversed, on the law, and motion granted; the evidence seized under the warrant is suppressed, and case remanded to Criminal Term for further proceedings not inconsistent herewith.

In our opinion, the "no-knock" endorsement on the search warrant was made without there having been compliance with the explicit provisions of CPL 690.35 and 690.40. The request for that endorsement was not contained in the supporting affidavit. Further, that affidavit...

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