People v. Dominique

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On appeal, defendant contends that, even if the written search warrant application in this case was sufficient under CPL 690.35, it was rendered insufficient if the issuing court took oral testimony and failed to record that testimony as required by CPL 690.40 (1).

In the absence of any specific proof, the law presumes that the statutory requirements were satisfied. Under this "presumption of regularity” the law further presumes that no official or person acting under an oath of office will do anything…