(Download) "People State New York v. Nicholas Camarre" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Nicholas Camarre
- Author : Supreme Court of New York
- Release Date : January 08, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Judgment unanimously affirmed. Memorandum: On appeal from his conviction of second degree conspiracy, fourth degree conspiracy, criminal possession of a controlled substance in the first and second degrees, and second degree criminal use of drug paraphernalia, for which he received a sentence of 15 years to life, defendant contends that cocaine seized pursuant to two warrants must be suppressed; that the court unfairly marshaled the evidence; that reversal is required as a result of errors in the court's charge; that the conviction for first degree possession is against the weight of the evidence; that the court erred in denying his motions for a mistrial and severance; that reversal is required by the court's submission of a verdict sheet containing factual allegations; and that the court erred in failing to discharge the entire jury panel. Reversal is not required as a result of technical noncompliance with the requirements of CPL 690.36 (3) and 690.40 (3). Where, as here, the application and the warrant are read to the judge in their entirety and approved by him, the statute (CPL 690.36 ) has been substantially complied with and its purpose has been served (cf., People v Taylor, 73 N.Y.2d 683, 689; People v Crandall, 108 A.D.2d 413, 416, affd 69 N.Y.2d 459). Similarly, the two-day delay in the filing, transcription, and certification of the audiotape is inconsequential and not fatal to the warrants. Inasmuch as the tape was filed in court on the next business day following the search, the statutory purposes of authentication and preservation were adequately served (see, CPL 690.40 ; People v Crandall, supra ; cf., People v Taylor, supra, at 688).
 "People State New York v. Nicholas Camarre" by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}