Legal Opinion
People v. Burch
New York Supreme Court
Decided December 13, 1976PublishedCited by 2 opinions
1Opinion of the CourtJoel J. Tyler, J.
We are presented with a unique proposition. We are asked, in effect, to apply the term "perjurious”, as used and intended in People v Alfinito (16 NY2d 181, 186), in a case, as here, where no legal perjury has been found in the allegations to secure a search warrant. Is Alñnito limited only to cases where legal perjury is established? I believe not, if the intent of Alfinito is to be given logical effect.
Defendants move to controvert a no-knock search warrant and to suppress the contraband seized in pursuance thereof (CPL 710.20). The supporting affidavit for the warrant stated, on…
2Cases cited15 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Aguilar v. TexasSupreme Court of the United States · 1964
- Elkins v. United StatesSupreme Court of the United States · 1960
- McCray v. IllinoisSupreme Court of the United States · 1967
- Giordenello v. United StatesSupreme Court of the United States · 1958
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3Cited by2 opinions
- People v. JacobsonNew York Supreme Court · 1979
- People v. Adams, New York County Courts2003