At page 665 cited at this page2 citing cases
- People v. Ellison, 4 Misc. 3d 319 (N.Y. Sup. Ct. 2004).published(Compare People v Markiewicz, 246 AD2d 914, 916 [3d Dept 1998] [warrant authorizing police search of automobile “not ... in their possession” but issued prior to search does not require suppression, citing the passage at the end of the Mah…
- People v. Roy Ellison, Jr., 2004 NY Slip Op 24083 (N.Y. Sup. Monroe 2004).publishedIn the latest case on the issue, People v Williams ( 275 AD2d 753 [2d Dept 2000]), the Court held that "[t]he fact that the police officers may not have had physical possession of the warrant at the time {** 4 Misc 3d at 331 }[citing Mahon…
v.
George N. Salerno, and James Swearingen
Judgment, insofar as appealed from, unanimously reversed, without costs, and complaint dismissed against defendants Swearingen. Same memorandum as in Bank of Castile v Salerno (appeal No. 1) (99 AD2d 663). (Appeal from judgment of Supreme Court, Wyoming County, Newman, J. — auction — payment for goods purchased.) Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Moule, JJ.