Opinion
October 24, 1963
Appeal from the Erie County Court.
Present — Williams, P.J., Bastow, Goldman and McClusky, JJ.
Order unanimously affirmed. Memorandum: There was an insufficient factual showing in the application for the search warrant to justify its issuance. ( People v. Politano, 17 A.D.2d 503, affd. 13 N.Y.2d 852; see, also, People v. Marshall, 13 N.Y.2d 28, 34, 35.) We pass on no other issue.