PEOPLE v. BELLAMY


34 A.D.3d 937 (2006)

823 N.Y.S.2d 607

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY BELLAMY, Appellant.

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

Decided November 9, 2006.


Cardona, P.J.

As part of an August 2004 narcotics investigation, police executed a search warrant at 47 Griswold Street in the City of Binghamton, Broome County. Upon entering the residence, police investigator James Hawley observed defendant run from a nearby bathroom and heard a toilet flushing therein. Hawley entered the bathroom, retrieved a plastic bag containing crack cocaine from the toilet and took defendant into custody.

Although defendant testified...

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