PEOPLE v. RESTREPO


87 A.D.2d 320 (1982)

The People of the State of New York, Appellant, v. Guillermo Restrepo, Respondent

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

June 15, 1982


Attorney(s) appearing for the Case

Joyce P. Adolfsen of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

David E. Oltarsh for respondent.

KUPFERMAN, J. P., ROSS, LUPIANO and ASCH, JJ., concur.


BLOOM, J.

This case again confronts us with the vexatious problem of when and whether the police may be justified in relying upon hearsay evidence supplied by a confidential informer whose reliability has been established to effect a warrantless search. The suppression court was of the opinion that the stop and search of defendant was not constitutionally justified and suppressed the evidence seized. We disagree. Accordingly, we reverse and deny the motion...

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