People v. Contento

Mikoll, J. (dissenting). I respectfully dissent. The affidavits offered in support of the application for the search warrant fail to state sufficient facts to sustain County Court’s finding of probable cause (see People v Yedvobnik, 48 NY2d 910; see, also, People v Wirchansky, 41 NY2d 130). The police observed the printing of football betting sheets and their storage at the Ambrose Printing Shop in the City of Albany only in the morning hours of August 29, 1978. There is no proof that defendant was a known gambler or connected in any way with known gamblers. The normal business hours of the…