New York Court of Appeals, 1968

People v. Metze

New York Court of Appeals · Decided February 15, 1968

21 N.Y.2d 806; 235 N.E.2d 774; 288 N.Y.S.2d 635; 1968 N.Y. LEXIS 1611

Opinion of the Court

Judgment affirmed; no opinion.

Concur: Judges Scileppi, Bergan, Keating and Jasen. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to *808reverse on the ground that the affidavit upon which the search warrant was based was insufficient to establish probable cause to believe that a crime was being committed in defendant’s apartment.

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