PEOPLE v. MALINSKY


36 Misc.2d 204 (1962)

The People of the State of New York, Plaintiff, v. Morris Malinsky, David Lustigman and Robert Felt, Defendants.

Supreme Court, Criminal Term, Queens County.

September 4, 1962


Attorney(s) appearing for the Case

Arthur W. Lonschein for defendants. Frank D. O'Connor, District Attorney (Harvey Ehrlich of counsel), for plaintiff.


J. IRWIN SHAPIRO, J.

Defendants have moved (1) for an order suppressing evidence on the ground that it was obtained by an illegal search and seizure, at night, under the ostensible authority of a daytime search warrant (2) or, in the alternative, for an order vacating the warrant for want of support by affidavit establishing probable cause for belief in the existence of lawful grounds for its issuance (Code Crim. Pro., §§ 792, 793). The...

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