Commonwealth v. Rosario

SPAETH, Judge:

This is an appeal from a judgment of sentence for possession of a controlled substance and possession with intent to deliver a controlled substance. Appellant argues that he is entitled to a new trial because the search warrant under which the controlled substance in question was seized was invalid. We agree, and therefore reverse and remand for a new trial.

On October 15, 1979, a warrant was obtained to search appellant’s residence. The affidavit in support of the request for the warrant alleged:

1. That during the past month (Oct. 5, 1979) we received a complaint that Carmelo…