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PEOPLE v. BROWN

40 N.Y.2d 183 (1976)

The People of the State of New York, Respondent, v. Albert Brown, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Andrew Greene and Stephan H. Peskin for appellant.

Mario Merola, District Attorney (Michael B. Himmel of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN and GABRIELLI concur with Judge WACHTLER; Judges JONES and FUCHSBERG dissent and vote to reverse in separate opinions in both of which Judge COOKE concurs.

WACHTLER, J.

On September 20, 1972 a police officer appeared before a Supreme Court Justice in Bronx County and applied for a warrant to search an apartment located on Jackson Avenue in The Bronx. After being sworn the officer orally presented his application to the Judge and his statements were recorded by a court reporter. In substance he stated that a registered police informant had told him that he, the informant...

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