People v. Fagan

—Case held, decision reserved and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: County Court erred in summarily denying defendant’s suppression motion. That motion was predicated upon the affirmation of defense counsel that, upon information and belief, no "controlled buys” of cocaine took place at the time and place referred to in the warrant application. The source of that information was defense counsel’s conversation with defendant and defense counsel’s investigation and review of the various papers filed on the matter. The…