PEOPLE v. ASHTON


169 A.D.2d 353 (1991)

The People of the State of New York, Appellant, v. Robert R. Ashton, Respondent

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

July 25, 1991


Attorney(s) appearing for the Case

Sol Greenberg, District Attorney (Paul A. Clyne of counsel), for appellant.

Feit & Schlenker (Dennis Schlenker of counsel), for respondent.

MIKOLL, J. P., and LEVINE, J., concur with MERCURE, J.; YESAWICH, JR., and CREW III, JJ., dissent in an opinion by YESAWICH, JR., J.


MERCURE, J.

Defendant was indicted for criminal possession of marihuana in the first degree as a result of a search of his warehouse in the City of Cohoes, Albany County, pursuant to a warrant. To secure issuance of the warrant, State Police Investigator Matthew Probst, an experienced narcotics officer, recited in an affidavit that he had received the following information. According to a police officer in Hawaii...

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