PEOPLE v. BROWN


110 Misc.2d 1050 (1981)

The People of the State of New York, Plaintiff, v. Charley Brown, Defendant.

Supreme Court, Erie County.

October 21, 1981


Attorney(s) appearing for the Case

Palmer, Greenman & Hurley (Herbert L. Greenman of counsel), for defendant. Edward C. Cosgrove, District Attorney (Michael R. Stebick of counsel), for plaintiff.


SAMUEL L. GREEN, J.

Defendant's motion to suppress evidence seized from his apartment pursuant to a search warrant raises an unsettled question. At issue is whether this court may look beyond a police investigator's affidavit to the sworn in camera testimony of a confidential informant to determine if the search warrant was issued upon probable cause.

Defendant is charged with criminal possession of a weapon in the third degree, criminal...

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