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PEOPLE v. CANTRE

95 A.D.2d 522 (1983)

The People of the State of New York, Appellant, v. Felipe Cantre and Mayra Ayala, Respondents

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

October 11, 1983

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Bruce B. Berger and Joel M. Goldberg of counsel), for appellant.

Manuel Nelson Zapata (Jerald Rosenthal of counsel), for Felipe Cantre, respondent.

Robert I. Strougo for Mayra Ayala, respondent.

DAMIANI and BRACKEN, JJ., concur with MOLLEN, P. J.; TITONE, J., dissents and votes to affirm the order in an opinion.

MOLLEN, P. J.

On this appeal, the People challenge an order which granted the defendants' motions to controvert a search warrant and to suppress the evidence seized under its authority. The warrant was issued upon information provided by one Rafael Lopez. The central question is whether the Judge who issued the warrant was justified in concluding that Mr. Lopez was a reliable informant.

On December 11...

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