People v. Reyes

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CARMEN REYES, Respondent

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

Date published: Dec 22, 1994

210 A.D.2d 159 (N.Y. App. Div. 1994)

620 N.Y.S.2d 953

Opinion

December 22, 1994

Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).

The residential search warrant herein did not name defendant, nor did the police observe any connection between defendant and the premises in question prior to a search thereof (see, Michigan v Summers, 452 U.S. 692). Further, the police were not justified, in the interest of safety in executing the warrant, in detaining defendant after the search warrant was, in fact, executed (see, People v Milaski, 62 N.Y.2d 147, 156).

Concur — Murphy, P.J., Rosenberger, Ellerin, Rubin and Nardelli, JJ.