THE PEOPLE &C., RESPONDENT, v. JULIA DOMINIQUE, APPELLANT.

    90 N.Y.2d 880, 684 N.E.2d 27, 661 N.Y.S.2d 597 (1997).
    July 2, 1997

   3 No. 143 (1997 NY Int. 139)
   Decided July 2, 1997
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   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.
   John A. Cirando, for appellant.
   Submitted by Ramona L. Rabeler, for respondent.

   MEMORANDUM:

   The order of the Appellate Division should be affirmed.

   On appeal, defendant contends that, even if the written search warrant
   application in this case was sufficient under CPL 690.35, it was
   rendered insufficient if the issuing court took oral testimony and
   failed to record that testimony as required by CPL 690.40(1).

   In the absence of any specific proof, the law presumes that the
   statutory requirements were satisfied. Under this "presumption of
   regularity" the law further presumes that no official or person acting
   under an oath of office will do anything contrary to his official
   duty, or omit anything which his official duty requires to be done.
   Substantial evidence is necessary to overcome that presumption. There
   is no such substantial evidence in this case.

   We do not reach the argument raised by the People, that the filing of
   witnesses' testimonial affidavits can constitute "substantial
   compliance" with the recordation requirement of CPL 690.40(1) under
   our holding in People v Taylor (73 NY2d 683, 688-689). We have
   considered the remaining contentions of defendant and conclude that
   they are without merit.

   * * * * * * * * * * * * * * * * *

   Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone,
   Bellacosa, Smith, Levine, Ciparick and Wesley concur.

   Decided July 2, 1997