PEOPLE v. BARCIA


37 A.D.2d 612 (1971)

The People of the State of New York, Appellant, v. John Barcia and John Mann, Respondents

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

June 21, 1971


Order reversed, on the law and the facts, and motion denied.

Defendants were arrested for criminal possession of narcotics and a dangerous weapon found in defendant Barcia's apartment pursuant to the search warrant, which was issued on the affidavit of the Elmsford Chief of Police. The affidavit incorporated into it a statement by an informer. The County Court ruled that the affidavit was insufficient because it failed to state that the informant was reliable, as...

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