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PEOPLE v. FISHMAN

40 N.Y.2d 858 (1976)

The People of the State of New York, Respondent, v. Charles Gary Fishman, Appellant.

Court of Appeals of the State of New York.

Decided October 14, 1976.

Attorney(s) appearing for the Case

Donald J. Shanley for appellant.

Sol Greenberg, District Attorney (Dennis M. Acton of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed. The Appellate Division properly interpreted the affidavit which formed the basis for the issuance of the search warrant as alleging that a crime, the sale of a controlled substance, had occurred within the City of Albany, the jurisdictional purview of the issuing court. Therefore, the search warrant was validly issued and executed (see People v Johnson, 44 A.D.2d 451, affd 36 N...

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