People v. Pietramala

The defendant was charged with promoting gambling (Penal Law, § 225.05) and possession of gambling records (Penal Law, § 225.15).

The defendant now moves to controvert a search warrant and suppress evidence seized thereby. The affidavit contained information based on personal observations by. the officer. From the observations by the officer, the issuing Magistrate concluded probable cause existed and issued the warrant.

The defendant contends that the affidavit supporting the search warrant lacked probable cause; that the expertise of the officer is required to be set forth in the affidavit;…