People v. Phillips

Judgment unanimously reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: Following remittal by this Court for a Darden hearing (People v Phillips, 237 AD2d 971; see, People v Darden, 34 NY2d 177, rearg denied 34 NY2d 995), County Court found that the People failed to establish the existence of the informant by credible extrinsic evidence. The police officer who testified at the hearing identified the informant by name, but none of the police records he produced contained the name or a photograph of the informant. Efforts to locate the informant were…