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PEOPLE v. BOYD

123 Misc.2d 634 (1984)

The People of the State of New York, Plaintiff, v. Diane Boyd and Veronica Bishop, Defendants.

Supreme Court, Trial Term, New York County.

March 28, 1984

Attorney(s) appearing for the Case

Kenneth R. Marshall for Diane Boyd, defendant. Joel B. Rudin for Veronica Bishop, defendant. Robert M. Morgenthau, District Attorney (Robert Mass of counsel), for plaintiff.

SHELDON S. LEVY, J.

When police officers execute a valid search warrant at premises alleged to be a crime scene or the repository of stolen goods or instrumentalities of a crime, can the victim properly be present to make an on-the-spot confirmation of items being seized under the warrant? If so, can the officers also confiscate objects which are not enumerated in the warrant, but which are then and there...

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