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People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1990
166 A.D.2d 455 (N.Y. App. Div. 1990)

Opinion

October 1, 1990

Appeal from the Supreme Court, Queens County (Rotker, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

We hold that the search warrant issued in the instant case did not limit the portion of the premises to be searched (see, Maryland v. Garrison, 480 U.S. 79; see also, People v. Germaine, 87 A.D.2d 848). Accordingly, the hearing court properly denied suppression of physical evidence. The defendant's remaining contention is unpreserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636), and, in any event, is without merit. Kooper, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1990
166 A.D.2d 455 (N.Y. App. Div. 1990)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIMON HAYES, Appellant

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

Date published: Oct 1, 1990

Citations

166 A.D.2d 455 (N.Y. App. Div. 1990)
561 N.Y.S.2d 149