Opinion
December 30, 1992
Appeal from the Steuben County Court, Purple, Jr., J.
Present — Callahan, J.P., Boomer, Lawton, Davis and Doerr, JJ.
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The cocaine seized from defendant by the police must be suppressed. The People did not dispute that the telephonic search warrant was invalid because it was not read verbatim to the Judge (see, CPL 690.40; People v Crandall, 108 A.D.2d 413, affd 69 N.Y.2d 459, rearg denied 70 N.Y.2d 748). The search and seizure cannot be justified as incident to a lawful arrest (see, People v Riddick, 51 N.Y.2d 764, as cited in People v Harris, 72 N.Y.2d 614, 624, revd on other grounds 495 U.S. 14). The police entered defendant's residence without permission and, with guns drawn, chased defendant through the residence and arrested him on the back porch. Because the arrest of defendant on his back porch was a direct result of the illegal entry of his residence, the arrest was illegal.