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PEOPLE v. GRIMINGER

71 N.Y.2d 635 (1988)

The People of the State of New York, Appellant-Respondent, v. Stewart A. Griminger, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1988.

Attorney(s) appearing for the Case

Denis Dillon, District Attorney (Anthony J. Girese and Bruce E. Whitney of counsel), for appellant-respondent.

Edward Gasthalter for respondent-appellant.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

The primary issue presented is whether the Aguilar-Spinelli two-prong test, or the Gates totality-of-the-circumstances test, should be employed in determining the sufficiency of an affidavit submitted in support of a search warrant application (see, Illinois v Gates, 462 U.S. 213, reh denied 463 U.S. 1237; Spinelli v United States...

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