New York Court of Appeals, 1976

People v. Fishman

New York Court of Appeals · Decided October 14, 1976

40 N.Y.2d 858; 356 N.E.2d 475; 387 N.Y.S.2d 1003; 1976 N.Y. LEXIS 3022

Cases that cite this one

5 later published cases cite this decision.

People v. Chrysler (Appellate Division of the Supreme Court of New York 2001)
People v. Dyla (Appellate Division of the Supreme Court of New York 1988)
People v. Herrara (Appellate Division of the Supreme Court of New York 1985)
People v. Garrow (Appellate Division of the Supreme Court of New York 1982)
People v. Hickey (N.Y. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. Order affirmed. The Appellate Division properly interpreted the affidavit which formed the basis for the issuance of the search warrant as alleging that a crime, the sale of a controlled substance, had occurred within the City of Albany, the jurisdictional purview of the issuing court. Therefore, the search warrant was validly issued and executed (see People v Johnson, 44 AD2d 451, affd 36 NY2d 864; CPL 690.20), and the application for the search warrant otherwise complied with the requirements of CPL 690.35 (subd 2).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.