People v. Brown

OPINION OF THE COURT

Samuel L. Green, J.

Defendant’s motion to suppress evidence seized from his apartment pursuant to a search warrant raises an unsettled question. At issue is whether this court may look beyond a police investigator’s affidavit to the sworn in camera testimony of a confidential informant to determine if the search warrant was issued upon probable cause.

Defendant is charged with criminal possession of a weapon in the third degree, criminal possession of marihuana, criminal possession of drug paraphernalia, criminal possession of a controlled substance and criminal possession…