PEOPLE v. MARTINEZ (MELODY)


80 N.Y.2d 549 (1992)

The People of the State of New York, Respondent, v. Melody Martinez, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1992.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Robert S. Smith and Elisa F. Fazio of counsel), for appellant.

Robert M. Carney, District Attorney of Schenectady County, Schenectady (Alfred D. Chapleau of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


SMITH, J.

The issue here is whether an affidavit signed by a person only as "Confidential Informant" and without any determination as to that person's reliability can establish the requisite probable cause for a search warrant. We conclude that it cannot.

Defendant was found guilty, after a jury trial in County Court, Schenectady County, of criminal possession of a controlled substance in the first degree...

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