People v. Schnell

Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: Defendant’s challenge to his conviction after trial relates to the legality of a search pursuant to a search warrant issued upon the *632application of an officer of the Amherst Police Department. In the affidavit upon which the warrant was issued the officer averred that the information upon which he relied in his application to the court was obtained from a third party. While it is clear that an affidavit in support of a search warrant may be based on hearsay information and need not reflect the personal…