People v. Bakker

— Appeal from a judgment of the County Court of Cortland County (Mullen, J.), rendered January 16, 1992, convicting defendant upon his plea of guilty of the crime of criminal possession of marihuana in the third degree.

We find that probable cause supported the issuance of the search warrant. While County Court, in determining the suppression motion, should not have considered evidence beyond that presented in the application for the search warrant and its supporting papers (see, People v Edwards, 69 NY2d 814), this Court may make its own determination as to the existence of probable cause to…