Opinion
April 2, 1990
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the matter is remitted to the Supreme Court, Kings County, for an in camera hearing and report in accordance with the guidelines set forth in People v. Darden ( 34 N.Y.2d 177), and the appeal is held in abeyance in the interim; the Supreme Court, Kings County, shall file its report with all convenient speed.
Our examination of the record reveals that, apart from the information received from the confidential informant, there was insufficient evidence to establish probable cause for the issuance of the search warrant. Therefore the trial court should have conducted an in camera inquiry in accordance with the guidelines set forth in People v. Darden (supra; see also, People v. Patti, 59 A.D.2d 949), and we remit the matter for such a hearing and report.
We reach no other issues at this juncture. Lawrence, J.P., Kunzeman, Rosenblatt and Miller, JJ., concur.