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People v. Carson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 965 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Pine, J.P., Fallon, Doerr, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Local criminal courts have preliminary jurisdiction of all offenses (CPL 10.30). The issuance of a search warrant involves the exercise of preliminary jurisdiction (see, Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 10.30). A "county judge sitting as a local criminal court" is a "`[l]ocal criminal court'" (CPL 10.10 [g]) with the authority to issue search warrants. Although not in effect when the subject warrant was issued, CPL 690.35 (2) now expressly provides that an application for a search warrant may be made to a County Court Judge. Thus, we reject defendant's contentions that County Court was not acting as a local criminal court when it issued the search warrant and that the warrant was defective because it did not state that the Judge was sitting as a local criminal court.


Summaries of

People v. Carson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 965 (N.Y. App. Div. 1995)
Case details for

People v. Carson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD CARSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 965 (N.Y. App. Div. 1995)
629 N.Y.S.2d 366

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