People v. Carmichael

OPINION OF THE COURT

Denman, J.

The People appeal from an order of Supreme Court, Erie County, granting defendant’s motion to suppress evidence seized pursuant to a search warrant issued by a Buffalo City Court Judge. Defendant urged that probable cause was lacking because the affidavit in support of the search warrant failed to set forth facts in sufficient detail to credit the hearsay information supplied by an unidentified police informant. Because Trial Term decided that issue in favor of defendant, it did not reach the additional question of the reliability of the informant.

The affidavit…