People v. Givens
| Decision Date | 04 April 1968 |
| Citation | 289 N.Y.S.2d 761,237 N.E.2d 80,21 N.Y.2d 929 |
| Parties | , 237 N.E.2d 80 PEOPLE, etc., Respondent, v. Charles GIVENS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Aaron E. Koota, Brooklyn (Stanley M. Meyer, Brooklyn, of counsel), for respondents.
Defendant was charged by indictment having 20 counts with violating Section 340 of the Banking Law, Consol.Laws, c. 2, for engaging in business of making loans of $800 or less without a license.
The defendant made a motion to suppress certain evidence, including a book, which contained records of allegedly usurious transactons, and which was seized during a search of apartment of defendant under a search warrant authorizing a search for records used for purpose of operating a 'loan shark and money lending business.'
The motion was denied under the Code of Criminal Procedure, Section 792, subd. 4 providing that property constituting evidence of crime or tending to show that a particular person committed a crime may be ordered seized under a search warrant.
The defendant pleaded guilty to the sixth count of the indictment charging that defendant loaned to named person the sum of $150 on express agreement that named person was to repay sum of $240 at rate of $30 per week for eight weeks, thereby engaging in the business of making loans of $800 or less without obtaining a license from the Superintendent of Banks in violation of the Banking Law, Section 340.
The Supreme Court, Kings County, John R. Starkey, J., entered a judgment, and the defendant appealed.
The Appellate Division entered a judgment July 6, 1966 affirming the judgment of the Supreme Court.
The defendant appealed to the Court of Appeals by permission of the Chief Judge of the Court of Appeals.
Judgment affirmed. The search warrant sufficiently described the record book of transactions of the criminal enterprise to sustain its seizure. The provisions of subdivision 4 of section 792 of the Code of Criminal Procedure authorizing the seizure of 'property constituting evidence' is constitutionally valid (Warden Md. Penitentiary v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782).
All Concur.
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