People v. Shafer — 19 A.D.2d 849

Majority

p. 849

(October 24, 1963)

The People of the State of New York, Appellant, v. Herbert Shafer, Respondent, et al., Defendants.

Order unanimously affirmed. Memorandum: There was an insufficient factual showing in the application for the search warrant to justify its issuance. (People v. Politano, 17 A D 2d 503 , affd. 13 N Y 2d 852 ; see, also, People v. Marshall, 13 N Y 2d 28 , 34, 35.) We pass on no other issue. (Appeal by People from order of Erie County Court granting defendant’s motion to suppress certain evidence.) Present — Williams, P. J., Bastow, Goldman and McClusky, JJ.

Cases cited

People v. Politano 17 A D 2d 503 N.Y. App. Div. 1962-12-28 p. 849
People v. Politano 13 N Y 2d 852 N.Y. 1963-07-10 p. 849
People v. Marshall 13 N Y 2d 28 N.Y. 1963-06-06 at 34, 35 p. 849