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• Title: People State New York v. Randall Joseph Jonas
• Author : Supreme Court of New York
• Release Date : January 04, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Appellant here seeks review of an order of the court denying his motion to suppress certain evidence after a hearing. The
search warrant upon which the search here involved was conducted was issued on the basis of an affidavit which in turn is
based solely on information supplied by a confidential informer. Appellant urges that the trial court should have required
that the prosecution disclose the name of this informer, citing People v. Malinsky (15 N.Y.2d 86). Malinsky is also applicable
here where the search is conducted pursuant to a search warrant (People v. Cerrato, 24 N.Y.2d 1) and we find its requirements
not met on the present posture of the case (see People v. Cerrato, supra, p. 7; People v. Verrecchio, 23 N.Y.2d 489, 492-93;
People v. White, 16 N.Y.2d 270, 273, cert. den. 386 U.S. 1008; People v. Malinsky, supra, p. 93). There is "no independent
corroboration of the fact of the informer's existence or of his informing, nor was there, prior to the [arrests], any separate
checking out of the principal elements of the informer's story or even any dependable proof of the accuracy of his information."
(People v. Malinsky, supra, p. 94.) This is equally true as to that portion of the supporting affidavit which deals with the
movement of the drugs to the Keeseville apartment. The People may, however, be able to cure this deficiency and accordingly
the determination in this appeal should be withheld and the case remitted to the County Court for a further hearing on the
motion to suppress in accordance with this opinion. We do not at this time pass on any other contention raised by appellant.
Determination withheld and case remitted to the County Court, Clinton County, for a further hearing on the motion to suppress
in accordance with this memorandum.

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