PEOPLE v. SUTTON


38 A.D.2d 567 (1971)

The People of the State of New York, Appellant, v. John Sutton and Richard Peltzman, Respondents

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

December 6, 1971


Orders reversed, on the law and the facts, and motions to suppress denied.

The motions to suppress were granted by the County Court on the ground that the affidavit supporting the search warrant was inadequate. We believe this was error. In our opinion, the affidavit sufficiently established the credibility and reliability of the undisclosed informant and, moreover, "spelled out in sufficient detail circumstances from which a `neutral and detached magistrate' could...

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