PEOPLE v. BROOKS


54 A.D.2d 333 (1976)

The People of the State of New York, Appellant, v. Eugene Brooks, Respondent

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

November 12, 1976


Attorney(s) appearing for the Case

Edward P. Kearse (John Cirando of counsel), for appellant.

George T. Dunn (Joseph Heath of counsel), for respondent.

MOULE, J. P., CARDAMONE, MAHONEY and DILLON, JJ., concur.


SIMONS, J.

This appeal by the People brings up for review an order which suppressed marijuana and related paraphernalia seized by the police when they executed a search warrant directed to defendant's apartment. The order also dismissed the indictment against defendant. The trial court held that the warrant was issued upon probable cause but that it was void for lack of particularity.

The warrant directed...

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