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eBook details

• Title: People State New York v. Richard James Bigelow
• Author : Supreme Court of New York
• Release Date : January 07, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

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[105 A.D.2d 1110 Page 1110] Judgment unanimously reversed, on the law and facts, plea vacated, motion to suppress granted and defendant remanded to Wyoming County Court for further proceedings on the indictment. Memorandum: The suppression court erred by refusing to suppress evidence seized pursuant to a warrantless arrest and a search warrant. The information on the warrant application failed to meet the second prong of the Aguilar-Spinelli test (see Aguilar v Texas, 378 U.S. 108; Spinelli v United States, 393 U.S. 410), since the warrant application does not state the informant's basis of knowledge, nor was the information so detailed as to make clear that it was based on personal observation (People v Elwell, 50 N.Y.2d 231, 242). Although we would find the warrant application sufficient under the totality of the circumstances test (Illinois v Gates, 462 U.S. 213), that test has not yet been adopted by the Court of Appeals (see, e.g., People v Landy, 59 N.Y.2d 369, 375), which has continued to apply the two-pronged Aguilar test (see People v Comforto, 62 N.Y.2d 725; see, also, People v Brown, 95 A.D.2d 569, 572; People v Lopez, 95 A.D.2d 241, 251 [applying the two-pronged [105 A.D.2d 1110 Page 1111]

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