PEOPLE v. BATISTA


261 A.D.2d 218 (1999)

690 N.Y.S.2d 536

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EURIPIDES BATISTA, Respondent.

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

Decided May 18, 1999.


On March 22, 1996, at approximately 7:15 P.M., the police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County. The warrant authorized seizure of "cocaine and crack-cocaine and evidence tending to demonstrate that the premises are utilized for the unlawful possession, packaging and sale of crack-cocaine and cocaine, to wit: scales, plastic bags and other paraphernalia". The warrant was issued in conjunction with a long-term narcotics investigation...

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