Legal Opinion
People v. Coburn
New York County Courts
Decided February 20, 1976PublishedCited by 6 opinions
1Opinion of the CourtAllan Dixon, J.
On August 23, 1973, various items were seized pursuant to a search warrant, and the defendant Timothy Coburn was thereafter arrested for allegedly violating sections 220.15, 220.45, subdivision (2) of 265.05 (now 265.02, subd [4]), and subdivision (8) of 265.05 (now 265.02, subd [3]) of the Penal Law. Defendant moves to suppress the evidence seized upon execution of the search warrant. The issue is whether the lack of a jurat on an application by a police officer can be cured by subsequent affidavits so as to substantially comply with CPL 690.35.
The search warrant application states that the…
2Cases cited5 opinions
- People ex rel. Fifth Avenue & 37th Street Corp. v. MillerAppellate Division of the Supreme Court of the State of New York · 1941
- People Ex Rel. Fifth Avenue & 37th Street Corp. v. MillerNew York Court of Appeals · 1941
- People v. JohnsAppellate Division of the Supreme Court of the State of New York · 1973
- People v. McIverAppellate Division of the Supreme Court of the State of New York · 1972
- People v. McIverNew York Court of Appeals · 1972
3Cited by6 opinions
- State v. SurowieckiSupreme Court of Connecticut · 1981
- People v. HentkowskiMichigan Court of Appeals · 1986
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1989
- People v. DunnAppellate Division of the Supreme Court of the State of New York · 1986
- State v. SurowieckiSupreme Court of Connecticut · 1981
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