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PEOPLE v. SMITH

71259-2022.

80 Misc.3d 395 (2023)

195 N.Y.S.3d 870

2023 NY Slip Op 23161

THE PEOPLE OF THE STATE OF NEW YORK v. NAQUAN SMITH, Defendant.

Supreme Court, New York County.

Decided May 24, 2023.

Attorney(s) appearing for the Case

Legal Aid Society ( James McQueeney for defendant.

Alvin Bragg , District Attorney ( Joseph Goldstein of counsel), for the People.

OPINION OF THE COURT

This is a motion to controvert a search warrant presented to the court on December 9, 2022, and signed on December 16, 2022. The motion raises several novel questions of New York law including (1) whether a court should entertain a renewed ex parte application for a search warrant after an initial...

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