People v. Politano
| Decision Date | 10 July 1963 |
| Citation | 13 N.Y.2d 852,242 N.Y.S.2d 491 |
| Parties | , 192 N.E.2d 271 The PEOPLE, etc., Appellant, v. George POLITANO, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 17 A.D.2d 503, 235 N.Y.S.2d 712.
Defendant was charged by indictments with possession of policy slips in violation of Section 975 of the Penal Law, Consol.Laws, c. 40, and the defendant made a motion to dismiss the indictment. The Montgomery County Court, Chandler S. Knight, J., 32 Misc.2d 526, 224 N.Y.S.2d 401, denied the motion to dismiss the indictment.
The defendant was convicted of possession of policy slips. The Montgomery County Court entered judgment, and the defendant appealed.
The Appellate Division, Bergan, P. J., 17 A.D.2d 503, 235 N.Y.S.2d 712, reversed the judgment and held that affidavit which meant no more than that deponent overheard conversations, the nature of which was left entirely to surmise, between unknown persons, and which satisfied deponent that there was a violation of law by keeping a place for policy game on stated premises, was not sufficient ground for search warrant.
The People of the State of New York appealed to the Court of Appeals.
William J. Crangle, Jr., Canajoharie, for appellant.
Order affirmed.
All concur.
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...Riley v. State, supra, 179 Md. 304, 18 A.2d 583, 586; People v. Politano, 17 A.D.2d 503, 506, 235 N.Y.S.2d 712, affd., 13 N.Y.2d 852, 242 N.Y.S.2d 491, 192 N.E.2d 271; Matter of Rosenwasser Bros., D.C., 254 F. 171, 173, and in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723, t......
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...and renders it inadmissible (People v. Fino, supra; People v. Politano, 17 A.D.2d 503-504, 235 N.Y.S.2d 712, 713, affd. 13 N.Y.2d 852, 242 N.Y.S.2d 491, 192 N.E.2d 271). I am aware that there are cases which hold that the determination of the court issuing the search warrant, even though it......