People v. Ashton

Yesawich, Jr., J. (dissenting).

We respectfully dissent. Examination of the search warrant application in this case makes clear that it was based on the hearsay statements of two informants as well as other information which was susceptible of culpable as well as innocuous interpretation and would not, therefore, constitute probable cause (see, People v Davis, 36 NY2d 280, 282, cert denied 423 US 876; People v Ocasio, 119 AD2d 21, 26).

When hearsay information is used, it must be shown to be from a credible source having first-hand knowledge (People v Griminger, 71 NY2d 635, 639). The…