People v. Shafer ( 1963 )

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. (Appeal by People from order of Erie County Court granting defendant’s motion to suppress certain evidence.) Present — Williams, P. J., Bastow, Goldman and McClusky, JJ.