People v. Greco

187 A.D.2d 151, 593 N.Y.S.2d 360, 1993 N.Y. App. Div. LEXIS 909
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 4, 1993
StatusPublished
Cited by11 cases

This text of 187 A.D.2d 151 (People v. Greco) 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. Greco, 187 A.D.2d 151, 593 N.Y.S.2d 360, 1993 N.Y. App. Div. LEXIS 909 (N.Y. Ct. App. 1993).

Opinion

OPINION OF THE COURT

Crew III, J.

On April 15, 1987 the Broome County District Attorney submitted an application for an eavesdropping warrant authorizing a wiretap on defendant’s telephone. In support thereof, the District Attorney submitted the sworn affidavit of Detective Theodore Wido, the sworn statement of a confidential informant who had testified under oath before the Judge entertaining the application eight days previously, and reports regarding the results of a pen register used to monitor the activity on the subject phone during the period from April 8, 1987 to April 13, 1987. The affidavit of Wido, as well as the District Attorney’s application, extensively summarized the nature of the testimony provided by the confidential informant and the substance of the information contained in the informant’s sworn statement. On April 16, 1987 Supreme Court issued an eavesdropping warrant. As the result of information derived from the wiretap, a search warrant was issued authorizing a search of defendant’s home. Upon execution of that warrant, defendant was found in possession of approximately two ounces of cocaine and sundry drug paraphernalia. Defendant was subsequently indicted for and convicted of the crimes of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth degree (two counts) and conspiracy in the fourth degree.

Among the many points for reversal advanced by defendant on this appeal is the denial of that branch of her omnibus motion to suppress evidence obtained as a result of the eavesdropping and search warrants. In consequence of defendant’s motion, an extended pretrial hearing was conducted at which testimony was elicited in support of the warrants. At the conclusion of the hearing, Supreme Court reviewed, in camera, the testimony previously given by the confidential infor[155]*155mant as well as the informant’s sworn statement and determined that probable cause existed for both warrants.

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Cite This Page — Counsel Stack

Bluebook (online)
187 A.D.2d 151, 593 N.Y.S.2d 360, 1993 N.Y. App. Div. LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greco-nyappdiv-1993.