Appellate Division of the Supreme Court of New York, 1976

People v. Lattanzio

People v. Lattanzio
Appellate Division of the Supreme Court of New York · Decided December 13, 1976
55 A.D.2d 629; 389 N.Y.S.2d 556; 1976 N.Y. App. Div. LEXIS 15364
People v. Lattanzio

Opinion of the Court

? by the People from an order of the Supreme Court, Queens County, dated November 7, 1975, which, after a hearing, granted a motion to controvert a search warrant and suppress physical evidence seized pursuant thereto. Order reversed, on the law, and motion denied. There are no controverted questions of fact. The affidavit was sufficient to establish probable cause and, consequently, the warrant was valid, the search lawful, and the evidence seized admissible (see Aguilar v Texas, 378 US 108; People v Hendricks, 25 NY2d 129). Martuscello, Acting P. J., Latham, Hawkins and O’Connor, JJ., concur.

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