People v. Calise

256 A.D.2d 64, 682 N.Y.S.2d 149, 1998 N.Y. App. Div. LEXIS 13118
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 8, 1998
StatusPublished
Cited by18 cases

This text of 256 A.D.2d 64 (People v. Calise) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Calise, 256 A.D.2d 64, 682 N.Y.S.2d 149, 1998 N.Y. App. Div. LEXIS 13118 (N.Y. Ct. App. 1998).

Opinion

—Order, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), entered August 28, 1997, which granted defendant’s motion to suppress physical evidence seized from his apartment pursuant to a search warrant, unanimously reversed, on the law, the motion to suppress denied, and the matter remanded for further proceedings.

Defendant was arrested after the police executed a search warrant at his apartment and recovered three guns with ammunition, numerous burglar’s tools, seven different motor vehicle identification (VIN) numbers and a bag of marihuana. The search warrant was issued the previous day by a Criminal Court Judge in Bronx County based on an application by Police Officer McAteer. McAteer’s search warrant application was supported by his own affidavit, which detailed the information received from an informant concerning the presence of contraband in defendant’s apartment, and included the officer’s statement that the informant had provided true and accurate information in the past. McAteer was briefly examined under oath by the issuing court, during which he confirmed that the informant had provided reliable information on several occasions in the past. The informant was not present before the court.

Defendant moved to controvert the search warrant.

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Cite This Page — Counsel Stack

Bluebook (online)
256 A.D.2d 64, 682 N.Y.S.2d 149, 1998 N.Y. App. Div. LEXIS 13118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calise-nyappdiv-1998.