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People v. Misuraco

Court of Appeals of the State of New York
May 20, 1965
208 N.E.2d 461 (N.Y. 1965)

Summary

In People v. Misuraco (16 N.Y.2d 542, decided May 20, 1965) one of the questions was as to whether the search warrant affidavit was adequate basis for authorizing a night search.

Summary of this case from People v. Rogers

Opinion

Argued April 19, 1965

Decided May 20, 1965

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.

Isidore Dollinger, District Attorney ( Walter E. Dillon of counsel), for appellant.

Arnold E. Wallach and Max Fruchtman for respondents.



Order reversed and motion to suppress denied. The facts alleged in the affidavit were sufficient proof of probable cause under section 801 of the Code of Criminal Procedure. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Summaries of

People v. Misuraco

Court of Appeals of the State of New York
May 20, 1965
208 N.E.2d 461 (N.Y. 1965)

In People v. Misuraco (16 N.Y.2d 542, decided May 20, 1965) one of the questions was as to whether the search warrant affidavit was adequate basis for authorizing a night search.

Summary of this case from People v. Rogers
Case details for

People v. Misuraco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THOMAS MISURACO…

Court:Court of Appeals of the State of New York

Date published: May 20, 1965

Citations

208 N.E.2d 461 (N.Y. 1965)
208 N.E.2d 461
260 N.Y.S.2d 655

Citing Cases

People v. Rose and Mitchell

To sustain this warrant in the face of what I find is a total absence of any proof of likelihood that…

People v. Rogers

The affidavit was sufficient. In People v. Misuraco ( 16 N.Y.2d 542, decided May 20, 1965) one of the…