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People v. Cardaio

223 N.E.2d 497, 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 1966 N.Y. LEXIS 957
CourtNew York Court of Appeals
DecidedDecember 1, 1966
StatusPublished
Cited by6 cases

This text of 223 N.E.2d 497 (People v. Cardaio) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cardaio, 223 N.E.2d 497, 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 1966 N.Y. LEXIS 957 (N.Y. 1966).

Opinion

Determination of appeal withheld and case is remitted to the Supreme Court, Queens County, for further bearing on the motion to suppress for the following reasons: Where, as here, the source of the information upon whicg the police base probable cause denies that be is the source, it is incumbent upon the People to go forward with sufficient competent evidence to refute the denial of the person giving the information upon which the police have acted (cf. People v. Malinsky, 15 N Y 2d 86; Aguilar v. Texas, 378 U. S. 108, 114 n. 4; Riggan v. Virginia, 384 U. S. 152).

Concur: Chief Judge DesmoNd and Judges Fuld, Yah Yoouhis, Burke, Soileppi, Bergah and KeatiNg.

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Related

People v. Quinones
139 A.D.2d 404 (Appellate Division of the Supreme Court of New York, 1988)
People v. Havelka
384 N.E.2d 1269 (New York Court of Appeals, 1978)
United States of America Ex Rel. Nicholas Cardaio v. J. Leland Casscles, Warden of Sing Sing Prison
446 F.2d 632 (Second Circuit, 1971)
People v. Mason
178 N.W.2d 181 (Michigan Court of Appeals, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
223 N.E.2d 497, 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 1966 N.Y. LEXIS 957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cardaio-ny-1966.