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  5. 44 N.Y.2d 867 (1978)
 

PEOPLE v. GARZIA

44 N.Y.2d 867 (1978)

The People of the State of New York, Respondent, v. Angelo Garzia, Appellant. The People of the State of New York, Respondent, v. Joanne Connolly, Appellant.

Court of Appeals of the State of New York.

Decided May 31, 1978.

Attorney(s) appearing for the Case

Richard S. Scanlan for appellants.

Carl A. Vergari, District Attorney (Joseph Aviv and Anthony J. Severino of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We cannot say that the Appellate Division erred as a matter of law in concluding that there was probable cause for the issuance of this search warrant. Proof was submitted to the issuing magistrate that an informer, without any marihuana on his person, had entered the premises in question in which one Basil Garzia resided, that the informer said that...

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