PEOPLE v. RAINEY


14 N.Y.2d 35 (1964)

The People of the State of New York, Respondent, v. Ernest Rainey, Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1964.


Attorney(s) appearing for the Case

Wilbur P. Trammell for appellant.

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

Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN concur with Judge DYE; Judges SCILEPPI and BURKE dissent and vote to affirm.


DYE, J.

The principal point raised on this appeal by permission is directed to the validity of the search warrant used in justifying the seizure of certain articles alleged to have been stolen and which were received in evidence over appellant's objection and after the court had denied a pretrial motion to vacate the search warrant and to suppress the evidence.

The search warrant was issued by an Erie...

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