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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES GIVENS, Appellant.

Judgment affirmed. The search warrant sufficiently described the record book of transactions of the criminal enterprise to sustain its seizure. The provisions of subdivision 4 of section 792 of the Code of Criminal Procedure authorizing the seizure of "property constituting evidence" is constitutionally valid ( Warden v. Hayden, 387 U.S. 294).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

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PEOPLE v. GIVENS
(Apr 4, 1968)