32 A.D.2d 707 | N.Y. App. Div. | 1969
Appeal from a judgment of the County Court of Schuyler County rendered May 15, 1968, upon a verdict convicting defendant of the crimes of burglary, third degree, and petit larceny. The sole issue on this appeal concerns the validity of a search warrant. The defendant alleges that the warrant was not properly dated and that the search encompassed a more extensive area than described in the warrant. We do not limit our decision to these specifics but to the warrant generally. The search warrant was signed by the Judge on the 10th of February, 1968 about 11:00 p.m. authorizing an immediate search, but through inadvertence the warrant was dated February 12, 1968. The court’s explanation for the date on the warrant follows: “ Well I can only give my opinion of why it is the 12th rather than the 10th. It is not uncommon when I sign legal documents late on a 'Saturday night or Sunday in