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—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.
Document Info
Citation Numbers: 277 A.D.2d 464, 715 N.Y.S.2d 901
Filed Date: 11/27/2000
Precedential Status: Precedential
Modified Date: 1/13/2022