People v. Darling

OPINION OF THE COURT

Pine, J. P.

The issue before us on this appeal by the People is whether Supreme Court erred in granting defendant’s motion to suppress physical evidence seized pursuant to a search warrant. The court concluded that the warrant was not issued upon probable cause because, in the search warrant application, a detective of the Syracuse Police Department relied on conversations-seized pursuant to an allegedly unauthorized wiretap. We agree with the People that the conversations were properly seized and that those conversations provided probable cause *63for the issuance of the…