PEOPLE v. PRESTON


115 A.D.2d 997 (1985)

The People of the State of New York, Appellant, v. David Preston and Reatha Preston, Respondents

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

December 20, 1985


Order reversed, on the law, and motions denied.

Memorandum:

The People appeal pursuant to CPL 450.20 (8) from an order dismissing an indictment charging defendants with criminal possession of marihuana, third degree (Penal Law §§ 20.00, 221.20) and granting their motions to suppress evidence obtained in a search of their residence on William Warfield Drive pursuant to a warrant. We find that the warrant was properly granted under the two-pronged...

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