People v. Sellins

Appellate Division of the Supreme Court of New York

People v. Sellins

168 A.D.2d 950, 564 N.Y.S.2d 901, 1990 N.Y. App. Div. LEXIS 16501

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

DecidedDecember 21, 1990

StatusPublished

Cited by1 cases

This text of 168 A.D.2d 950 (People v. Sellins) 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. Sellins, 168 A.D.2d 950, 564 N.Y.S.2d 901, 1990 N.Y. App. Div. LEXIS 16501 (N.Y. Ct. App. 1990).

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Opinion

Order unanimously reversed on the law, motion to suppress denied and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: County Court erred in granting defendant’s motion to suppress evidence seized pursuant to a search warrant. The warrant was issued upon probable cause. It was based upon the sworn affidavit of an identified member of the community attesting to defendant’s criminal activity which the affiant had personally observed at the defendant’s residence only a few days before the warrant was issued (see, People v Hicks, 38 NY2d 90, 92-93). (Appeal from order of Monroe County Court, Maloy, J.—suppress evidence.) Present —Dillon, P. J., Callahan, Doerr, Green and Lawton, JJ.

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Order unanimously reversed on the law, motion to suppress denied and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: County Court erred in granting defendant’s motion to suppress evidence seized pursuant to a search warrant. The warrant was issued upon probable cause. It was based upon the sworn affidavit of an identified member of the community attesting to defendant’s criminal activity which the affiant had personally observed at the defendant’s residence only a few days before the warrant was issued (see, People v Hicks, 38 NY2d 90, 92-93). (Appeal from order of Monroe County Court, Maloy, J.—suppress evidence.) Present —Dillon, P. J., Callahan, Doerr, Green and Lawton, JJ.

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Bluebook (online)

168 A.D.2d 950, 564 N.Y.S.2d 901, 1990 N.Y. App. Div. LEXIS 16501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sellins-nyappdiv-1990.

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