PEOPLE v. DUMPER


28 N.Y.2d 296 (1971)

The People of the State of New York, Respondent, v. Barry Gene Dumper, Leah Alexandria Tamara and Harold D. Waitz, Appellants.

Court of Appeals of the State of New York.

Decided April 21, 1971.


Attorney(s) appearing for the Case

Frederic Block for appellants.

George J. Aspland, District Attorney (Carl Spitznagel, Jr. of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.


BERGAN, J.

The search warrant which has been challenged here and which was the ground for the seizure of LSD, marijuana, hypodermic needles, etc., as a basis for defendants' convictions of possession of dangerous drugs was issued without a sufficient foundation in the supporting proof. The affidavit on which the warrant was issued contains no fact establishing any unlawful activity in the premises to which the...

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