PEOPLE v. MADDALENA


49 A.D.2d 952 (1975)

The People of the State of New York, Respondent, v. Raymond Maddalena, Appellant

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

October 28, 1975


Judgment affirmed.

The discrepancy between the police officer's affidavit in support of an application for the issuance of a search warrant and his testimony at the suppression hearing was too slight to affect the existence of probable cause for the issuance of the warrant; the trial court properly denied the motion to suppress the physical evidence. Defendant received a fair trial and the evidence amply supports the jury's verdict. The sentence imposed upon defendant...

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