People v. Fagan

Appellate Division of the Supreme Court of New York

People v. Fagan

213 A.D.2d 987, 625 N.Y.S.2d 997, 1995 N.Y. App. Div. LEXIS 3771

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 17, 1995

StatusPublished

This text of 213 A.D.2d 987 (People v. Fagan) 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. Fagan, 213 A.D.2d 987, 625 N.Y.S.2d 997, 1995 N.Y. App. Div. LEXIS 3771 (N.Y. Ct. App. 1995).

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Opinion

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s suppression motion based on defendant’s failure to prove that statements made in the affidavit of the police officer supporting the search warrant application were knowingly false or made in reckless disregard of the truth (see, People v Tambe, 71 NY2d 492, 504; see also, Franks v Delaware, 438 US 154, 171; People v Alfinito, 16 NY2d 181, 186). We further conclude that defendant was not prejudiced by the minor inaccuracies in the affidavit and thus reversal is not required (see, People v Clarke, 173 AD2d 550). (Resubmission of Appeal from Judgment of Monroe County Court, Marks, J. —Criminal Possession Controlled Substance, 3rd Degree.) Present—Denman, P. J., Fallon, Doerr, Balio and Davis, JJ.

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—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s suppression motion based on defendant’s failure to prove that statements made in the affidavit of the police officer supporting the search warrant application were knowingly false or made in reckless disregard of the truth (see, People v Tambe, 71 NY2d 492, 504; see also, Franks v Delaware, 438 US 154, 171; People v Alfinito, 16 NY2d 181, 186). We further conclude that defendant was not prejudiced by the minor inaccuracies in the affidavit and thus reversal is not required (see, People v Clarke, 173 AD2d 550). (Resubmission of Appeal from Judgment of Monroe County Court, Marks, J. —Criminal Possession Controlled Substance, 3rd Degree.) Present—Denman, P. J., Fallon, Doerr, Balio and Davis, JJ.

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Bluebook (online)

213 A.D.2d 987, 625 N.Y.S.2d 997, 1995 N.Y. App. Div. LEXIS 3771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fagan-nyappdiv-1995.

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