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MONSERRATE v. BOOK STORE

49 N.Y.2d 306 (1980)

Patrick D. Monserrate, as District Attorney of Broome County, Respondent, v. Upper Court Street Book Store, Inc., et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 12, 1980.

Attorney(s) appearing for the Case

David Gerald Jay for Upper Court Street Book Store, Inc., appellant.

William E. Seekford, of the Maryland Bar, admitted on motion pro hac vice, and Thomas E. Reilly for Allies Boulevard Book Store, Inc., and another, appellants.

Patrick D. Monserrate, District Attorney (Robert S. Rose of counsel), respondent pro se.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.

Per Curiam.

The order of the Appellate Division should be reversed, without costs, and the order of Supreme Court, Broome County, reinstated. The question certified is answered in the negative.

Before a Magistrate may properly issue a search warrant, he must first conduct a "full and searching inquiry into the facts on which the warrant application is based." (People v Potwora, 48 N...

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