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PEOPLE v. SILVERSTEIN

74 N.Y.2d 768 (1989)

The People of the State of New York, Respondent, v. Maurice Silverstein, Appellant. The People of the State of New York, Respondent, v. Lynn Lynn, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1989.

Attorney(s) appearing for the Case

Mark M. Baker and Barry Ivan Slotnick for Maurice Silverstein, appellant.

Linda Fraser for Lynn Lynn, appellant.

Robert M. Morgenthau, District Attorney (Patricia Curran and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion.

MEMORANDUM.

The orders of the Appellate Division should be affirmed.

Defendants argue that the nighttime search was invalid under CPL 690.35 (3) and 690.45 (6) and, therefore, that the fruits thereof should have been suppressed. We disagree. The warrant itself expressly authorized the nighttime entry, it was not signed until after 9:00 P.M., and it directed the police to make an immediate search; additionally, an...

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