Legal Opinion
People v. Grisafi
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1993No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Davis, J.
On this appeal, the main issue we are asked to determine is whether defendant was entitled to a Franks hearing (see, Franks v Delaware, 438 US 154) to challenge the veracity of a citizen informant whose in camera testimony before the issuing magistrate provided the probable cause necessary to support the issuance of a search warrant. We conclude that he was not entitled to that relief.
I
On August 27, 1990, a Town Justice of the Town of Amherst issued a search warrant that authorized the search of defendant’s person and his residence at 55 Primrose Lane, Amherst.…
2Cases cited11 opinions
- Franks v. DelawareSupreme Court of the United States · 1978
- Stone v. PowellSupreme Court of the United States · 1976
- Linkletter v. WalkerSupreme Court of the United States · 1965
- People v. SlaughterNew York Court of Appeals · 1975
- People v. SolimineNew York Court of Appeals · 1966
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3Cited by4 opinions
- People v. BahNew York Supreme Court · 2002
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. PleczyjAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2024