PEOPLE v. DOMINIQUE


90 N.Y.2d 880 (1997)

684 N.E.2d 27

661 N.Y.S.2d 597

The People of the State of New York, Respondent, v. Julia Dominique, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1997.


Attorney(s) appearing for the Case

John A. Cirando, Syracuse, Ivette Iza Zenner and Jacqueline B. Jones for appellant.

Jerome J. Richards, District Attorney of St. Lawrence County, Canton (Ramona L. Rabeler of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

On appeal, defendant contends that, even if the written search warrant application in this case was sufficient under CPL 690.35, it was rendered insufficient if the issuing court took oral testimony and failed to record that testimony as required by CPL 690.40 (1).

In the absence of any specific proof, the law presumes that the statutory requirements...

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