MORGENTHAU v. RODRIGUEZ


261 A.D.2d 165 (1999)

690 N.Y.S.2d 201

ROBERT M. MORGENTHAU, Appellant, v. FERNANDO RODRIGUEZ, Respondent.

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

Decided May 11, 1999.


In executing a search warrant for Apartment 8 in a residential building at 116 Avenue C in Manhattan, the police were attempting to enter the apartment through a fortified door when they heard a toilet inside flushing repeatedly. Upon entry, they observed defendant exiting the bathroom and found a trail of pink glassine envelopes containing cocaine leading from defendant's bedroom to the bathroom. In the apartment, the police recovered drug records and various drug paraphernalia...

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