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  5. 48 N.Y.2d 91 (1979)
 

PEOPLE v. POTWORA

48 N.Y.2d 91 (1979)

The People of the State of New York, Appellant, v. Francis Potwora, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (John J. De Franks, Judith Blake Manzella and James E. Hughes of counsel), for appellant.

Paul J. Cambria, Jr., Herald Price Fahringer and Barbara J. Davies for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

This appeal presents the question as to whether a determination of probable cause requisite to the issuance of a warrant may be delegated in part to someone other than the issuing Magistrate.

The essential facts are not in dispute.

On September 10, 1975 State Police applied to the Depew Village Justice for a warrant authorizing a search of premises and a van owned by Imperial News...

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