PEOPLE v. WINDRUM


128 Misc.2d 1043 (1985)

The People of the State of New York, Plaintiff, v. Robert Windrum, Defendant.

County Court, Monroe County.

July 1, 1985


Attorney(s) appearing for the Case

Melvin Schlesser and Anthony Leonardo for defendant. Howard R. Relin, District Attorney (Brian McCarthy of counsel), for plaintiff.


DONALD J. WISNER, J.

The issue presented in this case is whether the applicant on a search warrant has a duty to inform the issuing magistrate of the fact that the informant providing the probable cause for the search warrant has previously given a contradictory version of the material facts.

The defendant in this case stands indicted for the crime of criminal possession of a controlled substance in the third degree. The police, in executing a...

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