People v. Paul

OPINION OF THE COURT

Harold J. Rothwax, J.

The defendant, Samuel Paul, moves to suppress a .3006 calibre rifle and a .380 calibre pistol which were seized from *1087his apartment pursuant to a search warrant. The defendant claims to have been aggrieved by an unlawful search and seizure. (CPL 710.20, subd 1.) He contends that the search warrant was facially invalid in that it was overbroad and, further, that it was issued without the requisite probable cause. (CPL 690.10, subd 3; 690.45, subds 3, 4.)

PROBABLE CAUSE

The search warrant was issued upon the affidavit of Detective August Jonza. Detective…