Court of Appeals of New York

This matter is remitted to the Supreme Court to review the transcript of the confidential informant's testimony, and determine whether the warrant was supported by probable cause, and that CPL 690.40(1) was substantially complied with, where: 1) because neither the search warrant nor the supporting affidavit establishes that the informant was reliable, they did not by themselves establish probable cause; and thus, 2) the Supreme Court needed the transcript of the examination of the informant in order properly to determine that there was probable cause to issue the search warrant.

Appellate Information

• Decided 06/27/2013
• Published 06/27/2013

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Court

• Court of Appeals of New York

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