People v. Carson

Judgment unanimously affirmed. Memorandum: Local criminal courts have preliminary jurisdiction of all offenses (CPL 10.30 [2]). The issuance of a search warrant involves the exercise of preliminary jurisdiction (see, Preiser, Practice Commentaries, McKinney’s Cons Laws of NY, Book 11A, CPL 10.30 [1992]). A "county judge sitting as a local criminal court” is a " '[l]ocal criminal court’ ” (CPL 10.10 [3] [g]) with the authority to issue search warrants. Although not in effect when the subject warrant was issued, CPL 690.35 (2) now expressly provides that an application for a search warrant may…