PEOPLE v. PIMENTAL


182 A.D.2d 80 (1992)

The People of the State of New York, Respondent, v. Victor Pimental, Appellant

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

August 10, 1992


Attorney(s) appearing for the Case

Philip L. Weinstein, New York (Richard Joselson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Jay M. Cohen and Linda Cantoni of counsel), for respondent.

HARWOOD, J. P., BALLETTA and LAWRENCE, JJ., concur.


SANTUCCI, J.

The question on this appeal is whether the defendant was denied his due process right to litigate that branch of his omnibus motion which was to suppress physical evidence when the court denied him access to the third paragraph of the affidavit submitted in support of an application for a search warrant.

On May 25, 1988, Sergeant Stephen Dato of the New York City Police Department submitted...

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