PEOPLE v. BRANCH


223 A.D.2d 882 (1996)

637 N.Y.S.2d 220

The People of the State of New York, Respondent, v. McKinley Branch, Appellant

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

January 18, 1996


Mercure, J. P.

While executing a "no-knock" warrant for the search of both apartments of a two-family dwelling in the City of Albany, Albany Police Detective William Murphy encountered defendant in the downstairs apartment. Consistent with the police department policy of "secur[ing] everybody when [executing] a search warrant, for their safety and [that of the police], and to maintain the evidence, if any, within the apartment", Murphy directed defendant...

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