People v. Saccoccie

Appellate Division of the Supreme Court of New York

People v. Saccoccie

53 A.D.2d 778, 384 N.Y.S.2d 553, 1976 N.Y. App. Div. LEXIS 13562

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

DecidedJune 17, 1976

StatusPublished

This text of 53 A.D.2d 778 (People v. Saccoccie) 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. Saccoccie, 53 A.D.2d 778, 384 N.Y.S.2d 553, 1976 N.Y. App. Div. LEXIS 13562 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a judgment of the County Court of Greene County, rendered June 17, 1975, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree. The defendant contends that the trial court erred in not suppressing evidence obtained by a search warrant issued by a Town Justice of the Town of Catskill for execution at a residence located in the Town of Coxsackie. The application for the warrant establishes by personal knowledge of the applicant reasonable cause to believe that the defendant was in possession of marijuana at his residence. As noted by the defendant, there was nothing before the Magistrate to indicate that any crime had been committed within his territorial jurisdiction by the defendant; however, in People v Fishman (48 AD2d 726, 727) this court adopted the view that a search warrant can be issued by a [779]*779Town Justice for execution anywhere in his county. The Fishman view was premised upon CPL 690.20 (subd 2) and distinguished prior cases involving the prior Code of Criminal Procedure. We see no reason to depart from that view. It is to be noted that the case of People v Epstein (47 AD2d 661, 662), relied on by defendant, makes no reference to CPL 690.20. Judgment affirmed. Sweeney, J. P., Kane, Mahoney, Larkin and Herlihy, JJ., concur.

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Appeal from a judgment of the County Court of Greene County, rendered June 17, 1975, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree. The defendant contends that the trial court erred in not suppressing evidence obtained by a search warrant issued by a Town Justice of the Town of Catskill for execution at a residence located in the Town of Coxsackie. The application for the warrant establishes by personal knowledge of the applicant reasonable cause to believe that the defendant was in possession of marijuana at his residence. As noted by the defendant, there was nothing before the Magistrate to indicate that any crime had been committed within his territorial jurisdiction by the defendant; however, in People v Fishman (48 AD2d 726, 727) this court adopted the view that a search warrant can be issued by a [779]*779Town Justice for execution anywhere in his county. The Fishman view was premised upon CPL 690.20 (subd 2) and distinguished prior cases involving the prior Code of Criminal Procedure. We see no reason to depart from that view. It is to be noted that the case of People v Epstein (47 AD2d 661, 662), relied on by defendant, makes no reference to CPL 690.20. Judgment affirmed. Sweeney, J. P., Kane, Mahoney, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

53 A.D.2d 778, 384 N.Y.S.2d 553, 1976 N.Y. App. Div. LEXIS 13562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-saccoccie-nyappdiv-1976.

Opinion

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