People v. Shader

Appellate Terms of the Supreme Court of New York

People v. Shader

56 Misc. 2d 585, 289 N.Y.S.2d 451, 1968 N.Y. Misc. LEXIS 1755

Appellate Terms of the Supreme Court of New York·Decided February 7, 1968·Published·Cited by 1 cases

Opinion

Per Curiam.

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.

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Per Curiam.

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.

People v. Shader, 56 Misc. 2d 585, 289 N.Y.S.2d 451, 1968 N.Y. Misc. LEXIS 1755 (N.Y. Ct. App. 1968).

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Opinion

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