PEOPLE v. FRANCE


50 A.D.3d 266 (2008)

854 N.Y.S.2d 698

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD FRANCE, Appellant.

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

Decided April 1, 2008.


The court's summary denial of defendant's suppression motion was proper. Defendant was provided with sufficient information to rebut the People's position that the police had probable cause to search him. The felony complaint alleged that defendant was identified by an informant, who was also the victim, as the perpetrator of the charged crime, and the voluntary disclosure form asserted that the victim pointed defendant out to the police moments before his arrest. The reliability...

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