People v. Edwards
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
In People v Darden (34 NY2d 177, 181), the Court held that when information obtained from a confidential informant is necessary to establish probable cause, it would be “fair and wise” for the People to “be required to make the informer available for interrogation before the Judge” in an ex parte hearing. The question before us today is whether Darden established a requirement, or merely a procedure to be allowed in the discretion of the trial court. We reiterate that a Darden hearing is a requirement rather than a matter of discretion.
This case arises out…
2Cases cited22 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- McCray v. IllinoisSupreme Court of the United States · 1967
- People v. ChippNew York Court of Appeals · 1990
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3Cited by82 opinions
- Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- Brogdon v. City of New RochelleDistrict Court, S.D. New York · 2002
- People v. ShogaAppellate Division of the Supreme Court of the State of New York · 2011
- The People v. Joel JosephNew York Court of Appeals · 2016
- People v. KimesAppellate Division of the Supreme Court of the State of New York · 2006
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