People v. Ortiz

Pursuant to a search warrant issued in the Criminal Court of the City of New York in April, 1964, defendant’s apartment was entered and gambling material seized. Defendant thereupon was arraigned in the Criminal Court for violations of sections 974-a, 974 and 975 of the Penal Law, the first a felony, the others misdemeanors. In June, 1964, the Criminal Court, after a hearing, vacated the warrant (Code Crim. Pro., §§ 807-809). Defendant, having been indicted in August, 1964, thereafter moved in the Supreme Court for an order suppressing the gambling material seized (Code Crim. Pro., § 813-c et…