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People v. Shader

Supreme Court, Appellate Term, First Department
Feb 7, 1968
56 Misc. 2d 585 (N.Y. App. Term 1968)

Opinion

February 7, 1968

Appeal from the Criminal Court of the City of New York, County of New York, GEORGE J. BALBACH, J., REUBEN LEVY, J.

Max Fruchtman and Arnold E. Wallach for appellant.

Frank S. Hogan, District Attorney ( Robert D. MacLachlan, Jr., of counsel), for respondent.


Upon an adequate showing of probable cause, a warrant was issued authorizing the seizure of "written records and other paraphernalia and equipment [specifying telephone numbers], used and possessed unlawfully in connection with illegal bookmaking operations." This court rejects the contention that this language is so broad as to be tantamount to authorization for a general search, and, to the extent that People v. Chilli ( 49 Misc.2d 540 [N.Y. City Crim. Ct., 1966]) holds to the contrary, we expressly overrule the same.

The judgment of conviction should be affirmed.

Concur — HECHT, JR., J.P., GOLD and HOFSTADTER, JJ.

Judgment affirmed.


Summaries of

People v. Shader

Supreme Court, Appellate Term, First Department
Feb 7, 1968
56 Misc. 2d 585 (N.Y. App. Term 1968)
Case details for

People v. Shader

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TED SHADER, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 7, 1968

Citations

56 Misc. 2d 585 (N.Y. App. Term 1968)
289 N.Y.S.2d 451

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