People v. Metze — 21 N.Y.2d 806

Majority

p. 806

The People of the State of New York, Respondent, v. Lawrence Metze, Appellant.

Argued January 18, 1968;

decided February 15, 1968.

p. 807

Nancy Carley for appellant.

Aaron E. Koota, District Attorney (Aaron Nussbaum of counsel),-for respondent.

Judgment affirmed; no opinion.

Concur: Judges Scileppi, Bergan, Keating and Jasen. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to

p. 808

reverse on the ground that the affidavit upon which the search warrant was based was insufficient to establish probable cause to believe that a crime was being committed in defendant’s apartment.