PEOPLE v. BURNHAM


30 A.D.2d 813 (1968)

The People of the State of New York, Appellant, v. William Henry Burnham, III, and Susan Margaret Broughton, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1968


Affirmed.

One of the orders dated March 5, 1968 granted respondent Broughton's motion to suppress the very evidence which was the subject of the possession of narcotics charges at issue (Penal Law, § 220.20). The State Investigator's affidavit upon which the search warrant was issued was based on an undisclosed informant's information. Probable cause for the issuance of the search warrant is lacking because there was no sufficient showing that the informant was...

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