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People v. Reaves

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1980
73 A.D.2d 1032 (N.Y. App. Div. 1980)

Opinion

January 24, 1980

Appeal from the Onondaga Supreme Court.

Present — Cardamone, J.P., Simons, Schnepp, Doerr and Witmer, JJ.


Judgment unanimously reversed, on the law, motion to suppress granted, and indictment dismissed. Memorandum: In seeking the issuance of a search warrant based upon information supplied by an informant it was necessary that the issuing court be informed of the underlying circumstances from which the informant concluded that there were illegal drugs where he claimed they were and also of the circumstances from which the officer concluded that the informant was reliable (United States v Harris, 403 U.S. 573; Spinelli v United States, 393 U.S. 410; Aguilar v Texas, 378 U.S. 108; People v Brown, 40 N.Y.2d 183). The application for the search warrant was plainly insufficient without such and the motion to suppress should have been granted.


Summaries of

People v. Reaves

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 24, 1980
73 A.D.2d 1032 (N.Y. App. Div. 1980)
Case details for

People v. Reaves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE REAVES, Also…

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

Date published: Jan 24, 1980

Citations

73 A.D.2d 1032 (N.Y. App. Div. 1980)