People v. Mancinelli
Decision Date | 01 July 1966 |
Citation | 50 Misc.2d 952,271 N.Y.S.2d 919 |
Parties | The PEOPLE of the State of New York v. Mario MANCINELLI, Defendant. |
Court | New York City Court |
In this motion to suppress on the ground that the evidence was seized without a valid search warrant, defendant's main contentions are (1) that the warrant was improperly issued inasmuch as the affidavit upon which the warrant was based was taken before a notary public in violation of Section 794 of the Code of Criminal Procedure and (2) that the affidavit supporting the warrant was insufficient.
The Court will first deal with the question of the sufficiency of the warrant to determine whether before issuance of the warrant 'probable cause' was shown to the issuing Magistrate as required by law. The affidavit which is challenged by defendant recites that the detective who signed the affidavit had information from a reliable source advising him that the defendant was taking policy and horse bets in a certain establishment in White Plains. It further recited that on April 7, 8, 11, 13 and 14, 1966, the officer observed the defendant sitting at the bar with a copy of the Daily News and a scratch sheet. The officer further observed numerous individuals approach defendant, converse with him, and hand defendant money in bill form as well as change. The Court determines that the affidavit was sufficient. In People v. Marshall, 13 N.Y.2d 28, 34--35, 241 N.Y.S.2d 417, 421, 191 N.E.2d 798, 801, the Court held,
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United States v. Tortorello
...appeared before the issuing magistrate is of no consequence and does not require the vacating of those warrants. People v. Mancinelli, 50 Misc.2d 952, 271 N.Y.S.2d 919 (1966), People v. Sullivan, 40 Misc.2d 278, 242 N.Y.S.2d 988 (1963). The rule in New York is that a search warrant may be i......
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...applicant, to appear personally before the issuing judge, justice or magistrate. To the same effect is the case of People v. Mancinelli, 50 Misc.2d 952, 271 N.Y.S.2d 919, where the affidavit upon which the warrant was based was sworn to before a Notary Public, but the affiant did, in fact, ......
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