People v. Davenport
| Decision Date | 19 September 1996 |
| Citation | 231 A.D.2d 809,647 N.Y.S.2d 306 |
| Parties | The PEOPLE of the State of New York, Appellant-Respondent, v. Rusty DAVENPORT, Respondent-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Richard J. Shay, District Attorney (Thomas P. Gilhooley, of counsel), Cortland, for appellant-respondent.
Pomeroy, Armstrong, Baranello & Casullo, L.L.P. (Francis J. Casullo, of counsel), Cortland, for respondent-appellant.
Before MIKOLL, J.P., and MERCURE, PETERS, SPAIN and CARPINELLO, JJ.
Cross appeals from an order of the County Court of Cortland County (Mullen, J.), entered July 14, 1995, which granted defendant's motion to suppress certain evidence.
In January 1995, two officers of the Cortland County Sheriff's Department applied for a search warrant, enabling them to search defendant and his residence and outbuildings located in the Town of Freetown, Cortland County. The application was granted by County Court and the warrant was executed on January 27, 1995, resulting in the seizure from defendant's premises of marihuana, various firearms including a pistol, seven rifles and six shotguns, and the utterance of oral admissions by defendant.
Defendant was thereafter charged with the crimes of criminal possession of marihuana in the second degree, unlicensed growing of cannabis and criminal possession of a weapon in the third and fourth degrees. Defense counsel moved to suppress the marihuana and firearms seized from defendant's residence as well as defendant's oral admissions. A suppression hearing was held before County Court, resulting in a determination that the search warrant was facially defective due to its failure "to particularly describe" defendant's residence by setting forth, inter alia, its street number or tax map number, the size, style and color of the residence or the nature thereof, i.e., whether it was a house, a trailer or an apartment. The description set forth on the warrant stated "Rusty D. Davenport and residence at Ingram Road, Town of Freetown, Cortland County, N.Y." County Court accordingly directed that the physical evidence seized from defendant's residence, as well as the oral admissions made by defendant to police officers, be suppressed. Both sides appeal.
This court has consistently held that an imprecise description of the premises to be searched appearing on the face of the warrant will not invalidate a search so long as the description enables the executing officers "with reasonable effort [to] ascertain and identify the place intended" (Steele v. United States No. 1, 267 U.S. 498, 503, 45 S.Ct. 414, 416, 69 L.Ed. 757; see, People v. Lavin, 220 A.D.2d 886, 887, 632 N.Y.S.2d 338, 339, lv denied 87 N.Y.2d 904, 641 N.Y.S.2d 234, 663 N.E.2d 1264; People v. Fahrenkopf, 191 A.D.2d 903, 595...
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