Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's contention, the hearing court's determination that probable cause existed to issue the search warrant on July 26, 1988, was not based on stale information. In support of his application for a search warrant, the police officer submitted an affidavit which stated that an undercover officer...
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