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PEOPLE v. YOUNG

No. 89SA37.

785 P.2d 1306 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Brian Karl YOUNG, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 12, 1990.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty. and David L. Rockwell, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender and Seth J. Benezra, Deputy State Public Defender, Boulder, for defendant-appellee.

Justice LOHR delivered the Opinion of the Court.

The prosecution has filed this interlocutory appeal pursuant to C.A.R. 4.1 challenging an order of the Boulder County District Court suppressing physical evidence found while searching the defendant's home. The trial court concluded that the affidavit upon which the search warrant was based contained a false statement that was negligently included by the affiant. The trial court excised the statement from the affidavit...

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