People v. Metze , 21 N.Y.2d 806 ( 1968 )

Judgment affirmed; no opinion.

Concur: Judges Scileppi, Bergan, Keating and Jasen. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to reverse on the ground that the affidavit upon which the search warrant was based was insufficient to establish probable cause to believe that a crime was being committed in defendant’s apartment.