People v. Seybold

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant’s request for a Franks! Alfinito hearing (see, Franks v Delaware, 438 US 154; People v Alfinito, 16 NY2d 181) to challenge the veracity of the affiant’s statements in the warrant application. As part of his omnibus motion, defendant sought to suppress the contraband seized from his home on the grounds that the search warrant was not based on probable cause, the warrant failed to designate or describe adequately…