Majority
—Appeal by the People from an order of the County Court, Nassau County (LaPera, J.), dated January 7, 2000, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to controvert a search warrant and suppress evidence seized thereunder.
Ordered that the order is affirmed.
The hearing court properly granted that branch of the defendant’s motion which was to controvert a search warrant and suppress the physical evidence seized thereunder. The information in the warrant application, which was lawfully acquired, was insufficient to establish probable cause for the search (see, Franks v Delaware, 438 US 154 ; cf., People v Arnau, 58 NY2d 27 ; People v Aguirre, 220 AD2d 438 ; People v Vonderhyde, 114 AD2d 479 ). Ritter, J. P., H. Miller, Feuerstein and Smith, JJ., concur.
Cases cited
- Franks v. Delaware 438 US 154 p. 464
- People v. Arnau 58 NY2d 27 p. 464
- People v. Aguirre 220 AD2d 438 p. 464