People v. Farrell

277 A.D.2d 464, 715 N.Y.S.2d 901, 2000 N.Y. App. Div. LEXIS 12354

Opinion

—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.