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PEOPLE v. ELWELL

50 N.Y.2d 231 (1980)

The People of the State of New York, Appellant, v. Steve J. Elwell, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1980.

Attorney(s) appearing for the Case

D. Bruce Crew, III, District Attorney (Kevin M. O'Shea of counsel), for appellant.

Thomas E. Reilly for respondent.

Judges JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge GABRIELLI concur.

MEYER, J.

The core issue on this appeal is whether a warrantless search is permissible on the basis of information supplied without any indication of how the informant acquired his knowledge when the police have been able to confirm by their own inquiry and observation details supplied by the informant which are personal in nature and not in any way suggestive of criminal...

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