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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HERBERT SHAFER, Respondent, et al., Defendants.

Order unanimously affirmed. Memorandum: There was an insufficient factual showing in the application for the search warrant to justify its issuance. ( People v. Politano, 17 A.D.2d 503, affd. 13 N.Y.2d 852; see, also, People v. Marshall, 13 N.Y.2d 28, 34, 35.) We pass on no other issue.

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PEOPLE v. SHAFER
(Oct 24, 1963)