People v. Phillips

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: During the suppression hearing, defendant twice requested that County Court conduct a Darden inquiry because the arresting officers had no information establishing, probable cause other than that provided by an informer (see, People v Darden, 34 NY2d 177, rearg denied 34 NY2d 995). Because there is "insufficient evidence to establish probable cause apart from the testimony of the arresting officer as to communications received from [the] informer”…