PEOPLE v. McIVER


39 A.D.2d 671 (1972)

The People of the State of New York, Appellant, v. James McIver, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1972


Reversed, on the law, and the motion to controvert the warrant is denied.

The question to be resolved is whether the absence of a written or autographed signature on an affidavit in support of a search warrant (the typed name of the officer appearing thereon) invalidates a search warrant and renders a subsequent search and seizure illegal. The signature of the Judge attesting that the document was sworn to appears on the affidavit, as does that of an Assistant District...

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