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STATE v. JOHNSON

(14095)

219 Conn. 557 (1991)

STATE OF CONNECTICUT v. DAVID JOHNSON STATE OF CONNECTICUT v. DIANE MCINTOSH

Supreme Court of Connecticut.

Decision released July 16, 1991.

Attorney(s) appearing for the Case

Timothy J. Sugrue, assistant state's attorney, with whom were Steven M. Sellers, assistant state's attorney, and, on the brief, John J. Kelly, chief state's attorney, John M. Connelly, state's attorney, Marcia Smith, senior assistant state's attorney, and Susan C. Marks, assistant state's attorney, for the appellant-appellee (state).

Louis S. Avitabile, special public defender, with whom were Denise Dishongh and Joshua R. Kricker, for the appellees-appellants (defendants).

PETERS, C. J., SHEA, CALLAHAN, COVELLO and BORDEN, JS.

PETERS, C. J.

The principal issue in this appeal is whether a search warrant issued on the basis of an affidavit alleging a single drug sale in the defendants' apartment was stale when it was obtained five days after the alleged sale and executed the day after it was obtained. The defendants, David Johnson and Diane McIntosh, were each convicted, after a jury trial, of the crimes of possession of heroin in violation of General Statutes § 21a-279 (a), and possession...

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