People v. Phillips

237 A.D.2d 971, 655 N.Y.S.2d 739, 1997 N.Y. App. Div. LEXIS 3581

Opinion

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: During the suppression hearing, defendant twice requested that County Court conduct a Darden inquiry because the arresting officers had no information establishing, probable cause other than that provided by an informer (see, People v Darden, 34 NY2d 177, rearg denied 34 NY2d 995). Because there is "insufficient evidence to establish probable cause apart from the testimony of the arresting officer as to communications received from [the] informer” (People v Darden, supra, at 181), the court erred in denying defendant’s request for a Darden hearing (see, People v Adrian, 82 NY2d 628, 633-634). Thus, we hold the case, reserve decision and remit the matter to Onondaga County Court to conduct a Darden hearing. (Appeal from Judgment of Onondaga County Court, Cunningham, J.— Criminal Possession Controlled Substance, 5th Degree.) Present—Green, J. P., Lawton, Callahan, Boehm and Fallon, JJ.