People v. Brandon

Decision Date29 December 1975
Citation38 N.Y.2d 814,382 N.Y.S.2d 41,345 N.E.2d 584
Parties, 345 N.E.2d 584 The PEOPLE of the State of New York, Respondent, v. Willie L. BRANDON and Hosea Green, Appellants.
CourtNew York Court of Appeals Court of Appeals

Stanley L. Shapiro, Hauppauge, for appellants.

Henry F. O'Brien, Dist. Atty. (Kevin J. Crowley, Middle Island, of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Term should be affirmed. Although the affidavit in support of the search warrant suffers from its failure to state the specific dates of the informer's observations, it is bolstered by the detailed independent and confirmatory observations of the police officers themselves made as recently as the day before the warrant issued. Under the circumstances, there was sufficient verification of the reliability of the informer and the trustworthiness of his information to withstand the attack on its issuance. (See People v. Hanlon, 36 N.Y.2d 549, 557--558, 369 N.Y.S.2d 677, 330 N.E.2d 631.)

BREITEL, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE, JJ., concur.

Order affirmed in a memorandum.

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11 cases
  • People v. Wirchansky
    • United States
    • New York Court of Appeals Court of Appeals
    • 22 Diciembre 1976
    ...confirmatory observations of the police would be sufficient to verify the trustworthiness of his information (People v. Brandon, 38 N.Y.2d 814, 382 N.Y.S.2d 41, 345 N.E.2d 584). Here, the affidavit failed to disclose Any of the underlying circumstances from which the informant concluded tha......
  • American Home Assur. Co. v. Employers Mut. of Wausau
    • United States
    • New York Supreme Court — Appellate Division
    • 9 Diciembre 1980
  • People v. Loewel
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Enero 1976
    ...themselves made as recently as the day before the warrant issued', as was the case in People v. Brandon and Green (38 N.Y.2d 814, 382 N.Y.S.2d 41, 345 N.E.2d 584, decided December 29, 1975) where the Court of Appeals held that the warrant withstood the attack on its issuance even though the......
  • Perry v. Sied
    • United States
    • Michigan Supreme Court
    • 25 Abril 2000
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