People v. Russo

OPINION OF THE COURT

Larry M. Himelein, J.

decision

This case raises an issue left unresolved in People v Taylor (73 NY2d 683): does the loss of the in camera testimony given in support of a search warrant application mandate suppres*156sion of the evidence or do there exist circumstances here which permit the evidence to be received?

Defendant, charged with criminal possession of a controlled substance in the third degree, has moved to suppress the cocaine found during the execution of a search warrant at the residence of Jeffrey Johnston located at 320 North Union Street in the City of Olean on…