People v. Metze
21 N.Y.2d 806
NY
1968
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Judgment affirmed; no opinion.

Concur: Judges Scileppi, Bergan, Keating and Jasen. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to *808reverse 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.