People v. Alfinito

Chief Judge Desmond.

In this prosecution for alleged violations of sections 974, 974-a and 975 of the Penal Law (policy gambling), the New York City Criminal Court granted defendant’s pretrial motion for suppression of evidence alleged by defendant to have been procured through an unlawful search. The People appealed to the Appellate Term, arguing that the Criminal Court should not have permitted defendant to attack the validity of a search, made pursuant to a warrant, by challenging the truthfulness of the factual statements in the affi*184davit on which the search warrant had been issued.…