PEOPLE v. DARLING


263 A.D.2d 61 (1999)

700 N.Y.S.2d 312

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DANA DARLING, Respondent.

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

December 30, 1999.


Attorney(s) appearing for the Case

William J. Fitzpatrick, Onondaga County District Attorney, Syracuse (Victoria M. Anthony of counsel), for appellant.

Philip Rothschild, Hiscock Legal Aid Society, Syracuse, for respondent.

HAYES, PIGOTT, JR., SCUDDER and CALLAHAN, JJ., concur.


OPINION OF THE COURT

PINE, J. P.

The issue before us on this appeal by the People is whether Supreme Court erred in granting defendant's motion to suppress physical evidence seized pursuant to a search warrant. The court concluded that the warrant was not issued upon probable cause because, in the search warrant application, a detective of the Syracuse Police Department relied on conversations seized pursuant to an allegedly unauthorized wiretap. We agree...

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