Hyperlawhypertext legal databasebeta People v. Fox 56 N.Y.2d 615

← Cases

People v. Fox

56 N.Y.2d 615 Court N.Y. Decision date 1982-04-06 English

Contents

Majority

p. 615
The People of the State of New York, Respondent, v Kenneth D. Fox, Appellant.
Argued February 19, 1982;
decided April 6, 1982
p. 616
APPEARANCES OF COUNSEL
John J. Janiec for appellant.
Robert M. Morgenthau, District Attorney (William J. Comiskey and Robert M. Pitler of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the motion to suppress granted and the matter remitted to

p. 617
Supreme Court, New York County, for further proceedings on the indictment.

Defendant’s motion to suppress physical evidence seized from his apartment should have been granted. The only sworn testimony submitted in support of the warrant application was the affidavit of a transit police officer. This document does not contain facts sufficient to support the determination that probable cause existed to search defendant’s apartment for a quantity of stolen checks (see People v Nieves, 36 NY2d. 396 ). In addition, on the facts of this case, we disagree that the confidential informant’s identity was itself sufficient to establish reliability. Inasmuch as no other indicia of reliability appear in the affidavit, this deficiency presents an additional ground for concluding that the warrant was issued without the requisite probable cause.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum; Judge Meyer taking no part.

Order reversed, etc.

Cases cited