People v. Dodge

Appellate Division of the Supreme Court of New York

People v. Dodge

177 A.D.2d 1025, 578 N.Y.S.2d 43, 1991 N.Y. App. Div. LEXIS 15813

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1991

StatusPublished

This text of 177 A.D.2d 1025 (People v. Dodge) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dodge, 177 A.D.2d 1025, 578 N.Y.S.2d 43, 1991 N.Y. App. Div. LEXIS 15813 (N.Y. Ct. App. 1991).

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Opinion

Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress evidence seized pursuant to a search warrant. The issuing court properly recorded the informant’s in-camera testimony, which was available for review by County Court (see, CPL 690.40 [1]; People v Taylor, 73 NY2d 683, 689). There is no statutory requirement that the written application for the search warrant must be filed with the issuing court (cf., CPL 690.36 [3]). Here, the written application was preserved and available to defense counsel for review. (Appeal from Judgment of Steuben County Court, Finnerty, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present—Doerr, J. P., Denman, Green, Balio and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress evidence seized pursuant to a search warrant. The issuing court properly recorded the informant’s in-camera testimony, which was available for review by County Court (see, CPL 690.40 [1]; People v Taylor, 73 NY2d 683, 689). There is no statutory requirement that the written application for the search warrant must be filed with the issuing court (cf., CPL 690.36 [3]). Here, the written application was preserved and available to defense counsel for review. (Appeal from Judgment of Steuben County Court, Finnerty, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present—Doerr, J. P., Denman, Green, Balio and Davis, JJ.

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Bluebook (online)

177 A.D.2d 1025, 578 N.Y.S.2d 43, 1991 N.Y. App. Div. LEXIS 15813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dodge-nyappdiv-1991.

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