Legal Opinion

People v. McIver

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 1972PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County, entered on January 24, 1972, reversed, on the law, and the motion to controvert the warrant is denied. The question to be resolved is whether the absence of a written or autographed signature on an affidavit in support of a search warrant (the typed name of the officer appearing thereon) invalidates a search warrant and renders a subsequent search and seizure illegal. The signature of the Judge attesting that the document was sworn to appears on the affidavit, as does that of an Assistant District Attorney who approved the paper. The warrant issued…

2Cases cited4 opinions

  1. Ponsrok v. City of YonkersNew York Court of Appeals · 1930
  2. David v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1880
  3. People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
  4. Brooklyn City Railroad v. City of New YorkAppellate Terms of the Supreme Court of New York · 1930

3Cited by6 opinions

  1. People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1985
  2. State v. JourneyCourt of Appeals of Kansas · 1977
  3. People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. Coburn, New York County Courts1976
  5. People v. McIverAppellate Division of the Supreme Court of the State of New York · 1977

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