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People v. Fahrenkopf

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 903 (N.Y. App. Div. 1993)

Opinion

March 18, 1993

Appeal from the County Court of Ulster County (Vogt, J.).


We reject defendant's contention that the description in the search warrant failed to sufficiently describe the premises to be searched. The description in a search warrant of a place to be searched will be found sufficient to satisfy constitutional requirements if it "is such that the officer * * * can with reasonable effort ascertain and identify the place intended" (Steele v. United States, 267 U.S. 498, 503; see, People v Davis, 146 A.D.2d 942). The search warrant in this case accurately described the premises to be searched and its general location. Although the warrant erroneously stated that the premises was the middle of three trailers at the site in question, the fact that the warrant also stated that the trailer was the residence of defendant allowed police to ascertain the target trailer "by minimal inquiry at the site, without there being anything but the remotest possibility that the wrong place would be searched" (People v. Davis, supra, at 944). Finally, we find that the affidavits attached to the search warrant application provided the basis for a description of the location of the premises to be searched sufficient to support the issuance of the warrant (see, People v. Rosenholn, 181 A.D.2d 943).

Weiss, P.J., Mikoll, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Fahrenkopf

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 903 (N.Y. App. Div. 1993)
Case details for

People v. Fahrenkopf

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD FAHRENKOPF…

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

Date published: Mar 18, 1993

Citations

191 A.D.2d 903 (N.Y. App. Div. 1993)
595 N.Y.S.2d 139

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