Legal Opinion

People v. Chisholm

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 2011Published

1Opinion of the Court

*860The Supreme Court providently exercised its discretion in denying the defendant’s application for a Darden hearing (see People v Darden, 34 NY2d 177 [1974]), in light of the fact that the confidential informant appeared before the issuing magistrate and gave sworn testimony concerning the events in question (see People v Serrano, 93 NY2d 73, 77 [1999]; People v Monk, 28 AD3d 793, 793 [2006]). Moreover, the defendant’s conclusory, unsupported assertion that the officer’s warrant affidavit was untruthful is insufficient to trigger the need for a hearing (see CPL 710.60 [1], [3] [b]; People v…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. MateoNew York Court of Appeals · 2004
  5. People v. DardenNew York Court of Appeals · 1974

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