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People v. Shader

56 Misc. 2d 585 Court Supreme Court, Appellate Term, First Department, Decision date 1968-02-07 English

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p. 585
The People of the State of New York, Respondent, v. Ted Shader, Appellant.
Supreme Court, Appellate Term, First Department,
February 7, 1968.
Max Fruchtman and Arnold E. Wallach for appellant. Frank S. Hogan, District Attorney (Robert D. MacLachlan, Jr., of counsel), for respondent.

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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