PEOPLE v. YEDVOBNIK


48 N.Y.2d 910 (1979)

The People of the State of New York, Respondent, v. Joseph Yedvobnik, Appellant.

Court of Appeals of the State of New York.

Decided December 13, 1979.


Attorney(s) appearing for the Case

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

Robert M. Morgenthau, District Attorney (Brian Rosner and Jerrold L. Neugarten of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge JASEN concurs in result on constraint of People v Wirchansky ().


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress granted and the case remitted to Supreme Court, New York County, for further proceedings on the indictment.

The affidavits submitted by the police officers in support of their application for a search warrant did not contain sufficient facts to permit the Magistrate to conclude that probable cause existed to issue a...

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