PEOPLE v. COSTA


4 A.D.3d 675 (2004)

771 N.Y.S.2d 924

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO COSTA, Also Known as FERNANDO DACOSTA, Appellant.

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

February 26, 2004.


Lahtinen, J.

Defendant contends that the observations of a police detective made of a field from a helicopter failed to provide probable cause to support an ensuing search warrant. Pursuant to the warrant, a large number of cultivated marihuana plants were seized from the field, which was on property controlled by defendant. He was charged in a multicount indictment and, although he made a suppression motion, defendant accepted...

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