Opinion
Argued February 28, 1968
Decided April 4, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.
Arnold E. Wallach for appellant.
Aaron E. Koota, District Attorney ( Stanley M. Meyer of counsel), for respondent.
Judgment affirmed. The search warrant sufficiently described the record book of transactions of the criminal enterprise to sustain its seizure. The provisions of subdivision 4 of section 792 of the Code of Criminal Procedure authorizing the seizure of "property constituting evidence" is constitutionally valid ( Warden v. Hayden, 387 U.S. 294).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.