PEOPLE v. FINO


14 N.Y.2d 160 (1964)

The People of the State of New York, Respondent, v. Anthony F. Fino, Anthony B. Nasca and Aldo Delimonte, Appellants.

Court of Appeals of the State of New York.

Decided April 30, 1964.


Attorney(s) appearing for the Case

Peter L. Parrino for appellants.

Michael F. Dillon, District Attorney (Arthur G. Baumeister of counsel), for respondent.

Chief Judge DESMOND and Judges FULD and VAN VOORHIS concur with Judge SCILEPPI; Judge BERGAN dissents in an opinion in which Judges DYE and BURKE concur.


SCILEPPI, J.

Defendants were convicted of the crime of book-making (Penal Law, § 986) on the basis of evidence seized pursuant to a search warrant. Prior to the trial, defendants moved to suppress the evidence so seized on the ground that the search warrant was issued without a sufficient showing of probable cause. The motion was denied.

The affidavit of a member of the New York State police, which...

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