PEOPLE v. O'DONNELL


146 A.D.2d 923 (1989)

The People of the State of New York, Appellant, v. Patrick O'Donnell, Respondent

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

January 19, 1989


Mercure, J.

The sole issue raised on this appeal is whether County Court erred in granting defendant's motion to suppress physical evidence seized pursuant to an allegedly invalid search warrant. Because we conclude that the search warrant was improperly issued and the evidence correctly suppressed, we affirm.

Two affidavits were submitted in support of the search warrant. The affidavit of State Police Investigator Peter Arcadi stated that Arcadi...

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