People v. Russek

On this motion to suppress, the defendant relies solely on the ground that the search warrant was invalid, contending that the affidavit upon which the warrant was issued did not demonstrate probable cause as required by section 793 of the Code of Criminal Procedure.

The existence of probable cause is determined by ‘ ‘ what transpires at the issuance of the warrant and not what occurs thereafter.” (People v. Rainey, 14 N Y 2d 35, 39.)

In People v. Marshall (13 N Y 2d 28, 34-35) the court adds: ‘ ‘ Probable cause exists when there is reasonable ground of suspicion supported by facts and…