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. RogersOpinion
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.