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PEOPLE v. WALKER

257 A.D.2d 769 (1999)

684 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN WALKER, Appellant.

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

Decided January 14, 1999.

Peters, J.

Pursuant to a search warrant containing a "no-knock" provision and authorization to search defendant's apartment and seize specified objects, as well as "any other" stolen property, a search was conducted on January 29, 1997. The police discovered cash, crack and a CD player. Although defendant ultimately pleaded guilty, he preserved the challenge to the validity of the warrant.

Testimony revealed that the application for the warrant was

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