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PEOPLE v. GRISAFI

192 A.D.2d 147 (1993)

The People of the State of New York, Respondent, v. Frank Grisafi, Appellant. (Appeal No. 1.)

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

July 16, 1993

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo (Paul J. Cambria, Jr., and Barry N. Covert of counsel), for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Raymond C. Herman and John J. DeFranks of counsel), for respondent.

DENMAN, P. J., BALIO, LAWTON and FALLON, JJ., concur.

DAVIS, J.

On this appeal, the main issue we are asked to determine is whether defendant was entitled to a Franks hearing (see, Franks v Delaware, 438 U.S. 154) to challenge the veracity of a citizen informant whose in camera testimony before the issuing magistrate provided the probable cause necessary to support the issuance of a search warrant. We conclude...

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