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People v. Charles Gary Fishman

Court of Appeals of the State of New York
Oct 14, 1976
40 N.Y.2d 858 (N.Y. 1976)

Opinion

Argued September 10, 1976

Decided October 14, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ARNOLD W. PROSKIN, J.

Donald J. Shanley for appellant.

Sol Greenberg, District Attorney (Dennis M. Acton of counsel), for respondent.


MEMORANDUM. Order affirmed. The Appellate Division properly interpreted the affidavit which formed the basis for the issuance of the search warrant as alleging that a crime, the sale of a controlled substance, had occurred within the City of Albany, the jurisdictional purview of the issuing court. Therefore, the search warrant was validly issued and executed (see People v Johnson, 44 A.D.2d 451, affd 36 N.Y.2d 864; CPL 690.20), and the application for the search warrant otherwise complied with the requirements of CPL 690.35 (subd 2).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

Order affirmed.


Summaries of

People v. Charles Gary Fishman

Court of Appeals of the State of New York
Oct 14, 1976
40 N.Y.2d 858 (N.Y. 1976)
Case details for

People v. Charles Gary Fishman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES GARY FISHMAN…

Court:Court of Appeals of the State of New York

Date published: Oct 14, 1976

Citations

40 N.Y.2d 858 (N.Y. 1976)
387 N.Y.S.2d 1003
356 N.E.2d 475

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