PEOPLE v. FAGAN


203 A.D.2d 933 (1994)

611 N.Y.S.2d 389

The People of the State of New York, Respondent, v. Gregory Fagan, Appellant

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

April 15, 1994


Case held, decision reserved and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: County Court erred in summarily denying defendant's suppression motion. That motion was predicated upon the affirmation of defense counsel that, upon information and belief, no "controlled buys" of cocaine took place at the time and place referred to in the warrant application. The source of that information was defense counsel's conversation...

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