PEOPLE v. MEREJILDO


305 A.D.2d 143 (2003)

762 N.Y.S.2d 338

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO MEREJILDO, Appellant.

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

Decided May 6, 2003.


Defendant's suppression motion was properly denied. The suppression court properly concluded that the full factual predicate for the warrantless search at issue could not be disclosed without jeopardizing the confidential informant's safety, so that it was necessary to conduct most of the hearing on the issue of probable cause on an ex parte, in camera basis. The court conducted a "sensitive balancing" of the informant's safety against defendant's right to an adversarial...

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