Legal Opinion
People v. Martinez
New York Court of Appeals
Decided December 21, 1992PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue here is whether an affidavit signed by a person only as "Confidential Informant” and without any determination as to that person’s reliability can establish the requisite probable cause for a search warrant. We conclude that it cannot.
Defendant was found guilty, after a jury trial in County Court, Schenectady County, of criminal possession of a controlled substance in the first degree in violation of Penal Law § 220.21 (1) and sentenced to 15 years to life in prison. This appeal grows out of the search of defendant’s apartment preceding her arrest.
The…
2Cases cited4 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- People v. GrimingerNew York Court of Appeals · 1988
- People v. PotworaNew York Court of Appeals · 1979
3Cited by24 opinions
- Martinez v. City of SchenectadyNew York Court of Appeals · 2001
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- People v. SerranoNew York Court of Appeals · 1999
- People v. DavidAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 2005
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