PEOPLE v. BILSKY


95 N.Y.2d 172 (2000)

734 N.E.2d 341

712 N.Y.S.2d 84

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BILSKY, Appellant.

Court of Appeals of the State of New York.

Decided June 29, 2000.


Attorney(s) appearing for the Case

Dickover, Donnelly, Donovan & Biagi, L. L. P., Goshen (Michael H. Donnelly of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Jon Veiga and Theresa A. Foudy of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.


OPINION OF THE COURT

BELLACOSA, J.

The question proffered on this appeal is whether the "law of the case" doctrine applies when prosecutors make a second application for a search warrant to a different Judge from the one first presented with the application. We hold that the protocol does not apply, and the order of the Appellate Division should therefore be affirmed. Notably in this case and circumstance, the second application contained a disclosure to...

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