From Casetext: Smarter Legal Research

People v. Pizzuto

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1984
101 A.D.2d 1024 (N.Y. App. Div. 1984)

Opinion

May 25, 1984

Appeal from the Supreme Court, Erie County, Flynn, J.

Present — Hancock, Jr., J.P., Callahan, Denman, Moule and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: Defendant failed to preserve his claim that the search warrant and supporting affidavit are defective because the space at the top of each, intended for designation of the issuing court, was left blank (see CPL 470.05, subd 2). In any event, the error is technical and of no significance because both documents bear the signature, "H. Buswell Roberts, J.C.C.", and the warrant further commands that the fruits of the search be brought before Buffalo City Court and states that it was dated "the 15 day of May, 1981 at Buffalo City Court", thus substantially complying with the requirements of CPL 690.35 (subd 2, par [a]) and 690.45 (subd 1) (see, generally, People v Brown, 40 N.Y.2d 183; People v Bowers, 92 A.D.2d 669, 670).


Summaries of

People v. Pizzuto

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1984
101 A.D.2d 1024 (N.Y. App. Div. 1984)
Case details for

People v. Pizzuto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD PIZZUTO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 25, 1984

Citations

101 A.D.2d 1024 (N.Y. App. Div. 1984)

Citing Cases

People v. Rhoades

The defendant attacks the search warrant, because, although it was issued by a County Court Judge, it did not…

People v. Smythe

Moreover, the return and inventory shows that the warrant was executed at 7:00 P.M. Defendant erroneously…