People v. De Vasto
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter De Vasto, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of May, 1921, denying defendant’s motion to vacate and set aside the original affidavit, complaint and search warrant issued thereon, and. denying defendant’s motion to set aside the amended complaint and search warrant, as amended.
1Opinion of the Court
Jaycox, J.:
For the purpose of procuring a search warrant u under section 802b of the Code of Criminal Procedure (as added by Laws of 1921, chap. 156) to search for intoxicating liquors claimed to be possessed illegally (Penal Law, art. 113, as added by Laws of 1921, chap. 155) a complaint in the following form (immaterial portions omitted) was laid before a justice of the Supreme Court: “ Lawrence Cooney, being duly sworn, deposes and says that he is police officer in the City of Newburgh, N. Y., and that on April 15th at 12 o’clock midnight he arrested one George Mills for intoxication on…
2Cases cited4 opinions
- Buell v. . Van CampNew York Court of Appeals · 1890
- In re HuffAppellate Division of the Supreme Court of the State of New York · 1910
- Rethy v. OrszagAppellate Terms of the Supreme Court of New York · 1918
- Nichols v. Fanning, New York County Courts1897
3Cited by9 opinions
- State v. GeorgeWyoming Supreme Court · 1926
- People v. EspositoNew York Court of Special Session · 1922
- People v. JakiraNew York Court of General Session of the Peace · 1922
- People v. Perez, New York County Courts1962
- People v. ManiscalcoAppellate Division of the Supreme Court of the State of New York · 1923
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