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PEOPLE v. CARDAIO

18 N.Y.2d 924 (1966)

The People of the State of New York, Respondent, v. Nicholas Cardaio, Appellant.

Court of Appeals of the State of New York.

Determination withheld December 1, 1966.

Attorney(s) appearing for the Case

Samuel J. Siegel for appellant.

Nat H. Hentel, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Determination of appeal withheld and case is remitted to the Supreme Court, Queens County, for further hearing on the motion to suppress for the following reasons: Where, as here, the source of the information upon which the police base probable cause denies that he is the source, it is incumbent upon the People to go forward with sufficient competent evidence to refute the denial of the person giving the information upon which the police have acted (cf. People v. Malinsky...

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