PEOPLE v. FARRELL


277 A.D.2d 464 (2000)

715 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL FARRELL, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.


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 U.S. 154; cf., People v Arnau, 58 N.Y.2d...

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