PEOPLE v. GEROW

103304.

85 A.D.3d 1319 (2011)

925 N.Y.S.2d 243

2011 NY Slip Op 4778

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUSTIN A. GEROW, Appellant.

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

Decided June 9, 2011.


GARRY, J.

Police officers entered defendant's apartment in the City of Elmira, Chemung County, in the course of executing an arrest warrant for an unrelated incident, and observed several items and an odor, leading them to suspect that a marihuana "grow operation" was being conducted on the premises. While conducting the arrest, one of the officers also saw a "knuckle knife" on a table (see Penal Law § 265.00 [5-b]). Based upon their observations, the...

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