PEOPLE v. MONTZ


116 A.D.2d 1030 (1986)

The People of the State of New York, Respondent, v. Gary L. Montz, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 24, 1986


Judgment unanimously affirmed.

Memorandum:

The issue on this appeal is whether the information contained in the search warrant application was stale. The informant's in camera testimony before the Magistrate disclosed that the informant observed the sale of drugs by the defendant from October 2, 1983 through October 31, 1983. The search warrant was issued on October 31, 1983 based upon this testimony and affidavits of two police officers.

The determination...

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