PEOPLE v. FOX


56 N.Y.2d 615 (1982)

The People of the State of New York, Respondent, v. Kenneth D. Fox, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1982.


Attorney(s) appearing for the Case

John J. Janiec for appellant.

Robert M. Morgenthau, District Attorney (William J. Comiskey and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge MEYER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted and the matter remitted to Supreme Court, New York County, for further proceedings on the indictment.

Defendant's motion to suppress physical evidence seized from his apartment should have been granted. The only sworn testimony submitted in support of the warrant application...

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