People v. Bilsky, 691 N.Y.S.2d 388 (N.Y. App. Div. 1999)

The “law of the case” doctrine does not apply when prosecutors make a second application for a search warrant to a different judge from the one first presented with the application because the doctrine presupposes that legal determinations of a merits nature have been made and no such determinations were made in the first application for the search warrant.