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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FRICCHIONE, Appellant.

Ordered that the judgments are affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contention, the application for a search warrant was sufficient to support a reasonable belief that evidence of illegal activity would be present at the premises to be searched ( see People v. Diaz, 11 AD3d 476; People v. Green, 10 AD3d 731; People v. Harvey, 298 AD2d 527).

The defendant's remaining contentions are without merit. concur.

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PEOPLE v. FRICCHIONE
(Jul 5, 2005)