People v. Fishman
| Decision Date | 14 October 1976 |
| Citation | 387 N.Y.S.2d 1003,356 N.E.2d 475,40 N.Y.2d 858 |
| Parties | , 356 N.E.2d 475 The PEOPLE of the State of New York, Respondent, v. Charles Gary FISHMAN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Donald J. Shanley, Troy, for appellant.
Sol Greenberg, Dist. Atty. (Dennis M. Acton, Albany, of counsel), for respondent.
Order affirmed. The Appellate Division properly interpreted the affidavit which formed the basis for the issuance of the search warrant as alleging that a crime, the sale of a controlled substance, had occurred within the City of Albany, the jurisdictional purview of the issuing court. Therefore, the search warrant was validly issued and executed (see People v. Johnson, 44 A.D.2d 451, 355 N.Y.S.2d 601, affd. 36 N.Y.2d 864, 370 N.Y.S.2d 923, 331 N.E.2d 698; CPL 690.20), and the application for the search warrant otherwise complied with the requirements of CPL 690.35 (subd. 2)
Order affirmed.
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