People v. Sullivan

OPINION OF THE COURT

Jasen, J.

Under both the State and Federal Constitutions, no warrant can be issued except upon probable cause “supported by oath or affirmation”. (NY Const, art I, § 12; US Const, 4th Arndt.) We are asked to decide on this appeal whether a warrant issued on the basis of a statement which, while not sworn to, contained a form notice to the effect that false statements are punishable under section 210.45 of the Penal Law satisfies the “oath or affirmation” aspect of this constitutional requirement. We conclude that it does.

On April 18, 1979, Officer J. A. Liptak of the New…