 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
[T] People v. Ventura5/6/2004
r resident of the separate building or dwelling unit that it is occupied by one family, all as defined in this section:
(a) More than one mailbox, mail slot or post office address.
(b) More than one doorbell or doorway on the same side of the separate building or dwelling unit.
(c) More than one electric meter.
(d) More than one gas meter.
(e) More than one connecting line for cable television.
(f) Separate entrances for separate portions of the separate building or dwelling unit.
(g) Partitions or locked internal doors barring access between segregated portions of the separate building or dwelling unit, including bedrooms, except for the rooms of no more than one or two boarders, roomers or lodgers, as provided for in Subsection B(1) above.
(h) Separate written or oral leases or rental agreements or the payment of rent for portions of the separate building or dwelling unit among its owner or residents, except for one or two boarders, roomers or lodgers, as provided for in Subsection B(1) above.
(i) Two or more kitchens, each of which contain a range or oven and refrigerator and sink.
"(4) The Superintendent of Buildings or Code Enforcement Officer shall make the determination as to the application of this definition of 'family' for the purposes of compliance with any provisions of this Zoning chapter and the New York State Uniform Fire Prevention and Building Code, based upon his or her inspection of the premises, any information he or she may receive from the residents thereof or any other persons or documentary, or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, whether or not listed in Subsection B(3) above, in consultation with the Village Attorney, and the determination of the Superintendent of Buildings or Code Enforcement Officer shall be final, subject to review of or appeal to the Board of Appeals and judicial review as provided by law."
William Mello testified for the People. He is the Senior Building Inspector. He indicated that he was employed by the Village of Westbury on January 6, 2003 and before that he was employed by the Village of Freeport. He indicated that he had been involved in approximately 50 search warrant applications of this type with the Village of Freeport. Prior to initiating his warrant application he stated that he reviewed the Building Department file in connection with 335 Princeton Street. The Village has taken the position that this search is an "administrative search." Subject to the defendant's motion to suppress, the parties stipulated to the receipt into evidence of the "return" on the warrant. The "return" indicates what was seized during the search.
The return on the warrant revealed that it was executed at 6 a.m. on September 26, 2003 while it was still dark. The return is obviously not the basis for establishing probable cause. Verifications of the return or items seized during the search were signed by Police Officer Kevin Nugent and Inspector William Mello. Approximately 43 photographs were obtained from all parts of the exterior and interior of the premises. The inspectors made a list of purported occupants and the amounts of rent which some of them indicated that they paid. According to the return, the home was occupied by "19 adults and 6 children, some with the same last names and some not, living in a 1 family dwelling. All or most of the bedrooms had individually locked doors and there was no operable smoke detector in the dwelling. The cellar contained 3 bedrooms, with a total of 8 occupants." Statements were taken from occu
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 New York DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|