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PEOPLE v. SULLIVAN

56 N.Y.2d 378 (1982)

The People of the State of New York, Respondent, v. James F. Sullivan, Jane R. Liebman and Mark L. Guido, Appellants.

Court of Appeals of the State of New York.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Thomas J. O'Connor for James F. Sullivan, Stephen A. Coffey for Jane A. Liebman, and Dennis Schlenker for Mark L. Guido, appellants.

Sol Greenberg, District Attorney (Ilene R. Bergman of counsel), for respondent.

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

JASEN, J.

Under both the State and Federal Constitutions, no warrant can be issued except upon probable cause "supported by oath or affirmation". (NY Const, art I, § 12; US Const, 4th Amdt.) We are asked to decide on this appeal whether a warrant issued on the basis of a statement which, while not sworn to, contained a form notice to the effect that false statements are punishable under section 210.45 of...

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