PEOPLE v. WIRCHANSKY


47 A.D.2d 960 (1975)

The People of the State of New York, Appellant, v. Stephen Wirchansky, Also Known as Steven Wirchansky, Respondent

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

April 28, 1975


Order reversed, on the law, and motion denied.

Simply stated, the issue in this appeal is whether there was probable cause for the issuance of the search warrant. The affidavit upon which the warrant was issued was made by a detective in the Yonkers Police Department. He deposed that on May 21, 1973, between the hours of 11:30 A.M. and 12:30 P.M., he personally observed defendant slowly drive past a certain address in Yonkers "looking in the area of" the premises...

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