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PEOPLE v. FORTUNATO

50 A.D.2d 38 (1975)

The People of the State of New York, Respondent, v. Michael Fortunato, Jr., Appellant

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

December 12, 1975

Attorney(s) appearing for the Case

Paul R. Shanahan for appellant.

Jon K. Holcombe, District Attorney (John Cirando of counsel), for respondent.

CARDAMONE, SIMONS, MAHONEY and DEL VECCHIO, JJ., concur.

MOULE, J. P.

The questions presented on this appeal are (1) may a probationer's residence be searched without a warrant by his probation officer and (2) may a probationer be required, as a condition of his probation, to consent to such a search.

The facts are basically undisputed. Defendant was arrested on October 2, 1973 after a warrantless search of his apartment, conducted by his probation officer and...

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