PEOPLE v. GAYLE


166 A.D.2d 454 (1990)

The People of the State of New York, Respondent, v. Osiah Gayle, Appellant

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

October 1, 1990


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, we find no error in the County Court's denial, without a hearing, of that branch of his omnibus motion which was to controvert the second search warrant. The defendant failed to make a "preliminary showing that a false statement [made] knowingly and intentionally, or with reckless disregard for the truth" was included in the affidavit in support of this search warrant, and thus no hearing...

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