PEOPLE v. RUSSEK


49 Misc.2d 484 (1966)

The People of the State of New York, Plaintiff, v. Robert A. Russek, Defendant.

District Court of Nassau County, First District.

March 7, 1966


Attorney(s) appearing for the Case

John K. Best for defendant. William Cahn, District Attorney (Vincent De Paul Starace of counsel), for plaintiff.


BERNARD TOMSON, J.

On this motion to suppress, the defendant relies solely on the ground that the search warrant was invalid, contending that the affidavit upon which the warrant was issued did not demonstrate probable cause as required by section 793 of the Code of Criminal Procedure.

The existence of probable cause is determined by "what transpires at the issuance of the warrant and not what occurs...

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