PEOPLE v. WATSON (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Vern R. WATSON, Appellant.

Decided: October 02, 1998

Present: GREEN, J.P., LAWTON, HAYES, PIGOTT and CALLAHAN, JJ.

John Cirando, Syracuse, for Appellant. Dennis Hawthorne by Donald Todd, Oswego, for Respondent.

County Court properly denied defendant's motion to suppress evidence seized from a crawl space located adjacent to the master bedroom closet of defendant's residence. The only entrance to that crawl space was in a wall of the closet. Defendant contends that the search of the crawl space was beyond the scope of the search warrant issued by the Village Justice. We disagree. The search warrant authorized the police to search the master bedroom, which included the master bedroom closet as well as the adjacent crawl space (see, United States v. Ross, 456 U.S. 798, 820-821, 102 S.Ct. 2157, 72 L.Ed.2d 572; People v. Powers, 173 A.D.2d 886, 888, 570 N.Y.S.2d 362, lv. denied 78 N.Y.2d 1079, 577 N.Y.S.2d 243, 583 N.E.2d 955).

Judgment unanimously affirmed.

MEMORANDUM:

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