Opinion
Argued September 19, 2000.
November 28, 2000.
Appeal by the People from an order of the County Court, Nassau County (La Pera, J.), dated January 7, 2000, which, after a hearing, granted that branch of the defendant's omnibus motion which was to controvert a search warrant and suppress evidence seized thereunder.
Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Timothy S. Driscoll of counsel), for appellant.
Kase Druker, Garden City, N. Y. (John Laurence Kase and Paula Schwartz Frome of counsel), for respondent.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed.
The hearing court properly granted that branch of the defendant's motion which was to controvert a search warrant and suppress the physical evidence seized thereunder. The information in the warrant application, which was lawfully acquired, was insufficient to establish probable cause for the search (see, Franks v. Delaware, 438 U.S. 154; cf., People v. Arnau, 58 N.Y.2d 27, cert denied 468 U.S. 1217; People v. Aguirre, 220 A.D.2d 438; People v. Vonderhyde, 114 A.D.2d 479).