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People v. Fagan

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 987 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Monroe County Court, Marks, J.

Present — Denman, P.J., Fallon, Doerr, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's suppression motion based on defendant's failure to prove that statements made in the affidavit of the police officer supporting the search warrant application were knowingly false or made in reckless disregard of the truth (see, People v. Tambe, 71 N.Y.2d 492, 504; see also, Franks v. Delaware, 438 U.S. 154, 171; People v. Alfinito, 16 N.Y.2d 181, 186). We further conclude that defendant was not prejudiced by the minor inaccuracies in the affidavit and thus reversal is not required (see, People v. Clarke, 173 A.D.2d 550).


Summaries of

People v. Fagan

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 987 (N.Y. App. Div. 1995)
Case details for

People v. Fagan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY FAGAN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 17, 1995

Citations

213 A.D.2d 987 (N.Y. App. Div. 1995)
625 N.Y.S.2d 997