PEOPLE v. REYES

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.