PEOPLE v. WIRCHANSKY


41 N.Y.2d 130 (1976)

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

Court of Appeals of the State of New York.

Decided December 22, 1976.


Attorney(s) appearing for the Case

Morton N. Wekstein, Bronxville, for appellant.

Carl A. Vergari, District Attorney (Carl F. Lodes of counsel), White Plains, for respondent.

Chief Judge BREITEL and Judges JONES and FUCHSBERG concur with Judge COOKE; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judges JASEN and WACHTLER concur.


COOKE, J.

The issue before us is whether there was probable cause for the issuance of a search warrant. The warrant was issued by a Judge of the Court of Special Sessions of the City of Yonkers upon the application and affidavit of a police officer. County Court granted defendant's motion to suppress evidence of his participation in a gambling operation obtained by way of a search of his person pursuant to the...

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