PEOPLE v. McGRIFF


130 A.D.2d 141 (1987)

The People of the State of New York, Respondent, v. Kenneth McGriff, Appellant

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

August 13, 1987


Attorney(s) appearing for the Case

Susan C. Wolfe of counsel (John L. Pollok with her on the brief; Hoffman Pollok & Gasthalter, attorneys), for appellant.

Maryjane C. Shimsky of counsel (Donna Krone with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., and ROSENBERGER, J., concur with ELLERIN, J.; ROSS and ASCH, JJ., concur in an opinion by ROSS, J.


ELLERIN, J.

At issue on this appeal is the validity of the telephone search warrant which authorized a search of the premises where defendant resided and, also, of another residential dwelling some distance away. Our focus is directed both to the underlying sufficiency of the warrant itself and to the question of whether collateral estoppel effect should be accorded to the holding made in the separate case involving...

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