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People v. Fishman

356 N.E.2d 475, 40 N.Y.2d 858, 387 N.Y.S.2d 1003, 1976 N.Y. LEXIS 3022
CourtNew York Court of Appeals
DecidedOctober 14, 1976
StatusPublished
Cited by5 cases

This text of 356 N.E.2d 475 (People v. Fishman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fishman, 356 N.E.2d 475, 40 N.Y.2d 858, 387 N.Y.S.2d 1003, 1976 N.Y. LEXIS 3022 (N.Y. 1976).

Opinion

Memorandum. Order affirmed. The Appellate Division properly interpreted the affidavit which formed the basis for the issuance of the search warrant as alleging that a crime, the sale of a controlled substance, had occurred within the City of Albany, the jurisdictional purview of the issuing court. Therefore, the search warrant was validly issued and executed (see People v Johnson, 44 AD2d 451, affd 36 NY2d 864; CPL 690.20), and the application for the search warrant otherwise complied with the requirements of CPL 690.35 (subd 2).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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Related

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287 A.D.2d 7 (Appellate Division of the Supreme Court of New York, 2001)
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112 A.D.2d 315 (Appellate Division of the Supreme Court of New York, 1985)
People v. Garrow
91 A.D.2d 699 (Appellate Division of the Supreme Court of New York, 1982)
People v. Hickey
358 N.E.2d 868 (New York Court of Appeals, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
356 N.E.2d 475, 40 N.Y.2d 858, 387 N.Y.S.2d 1003, 1976 N.Y. LEXIS 3022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fishman-ny-1976.