People v. Burnham
| Decision Date | 08 January 1969 |
| Citation | 244 N.E.2d 878,23 N.Y.2d 809,297 N.Y.S.2d 310 |
| Parties | , 244 N.E.2d 878 PEOPLE, etc., Appellant, v. William Henry BURNHAM, III, and Susan Margaret Broughton, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 813, 292 N.Y.S.2d 164. Robert R. Meehan, Dist. Atty., New City (Harold A. Seidenberg, New City, of counsel), for appellant.
Donald Tirschwell, New City (Joseph Deutsch, New City, with him on the brief), for defendant-respondent Broughton.
Gilbert E. McCormack, West Nyack, for defendant-respondent William Henry Burnham, III. Indictment against made defendant and against female defendant charged that at certain trailer park they unlawfully possessed marijuana.
The female defendant made a motion to suppress as evidence the marijuana, and both defendants made motions to dismiss the indictments for insufficiency.
The search warrant had been issued on the basis of a police officer's affidavit alleging that officer had received information from informant of proven reliability that marijuana was at certain described house trailer where it was being offered for sale and that persons in the trailer house were smoking marijuana. The officer testified before the Grand Jury that he found the female defendant and another girl at the trailer house, smelled marijuana smoke, and seized marijuana which he found hidden in the trailer house, and that the male defendant gave the address of the trailer house as his address. The affidavit of the officer was read to the Grand Jury. The Grand Jury returned indictments against the defendants.
The Rockland County Court, Morton B. Silberman, J., entered orders granting the motion to suppress the marijuana evidence and granted motions to dismiss the indictments for insufficiency.
The Appellate Division entered an order July 1, 1968 which affirmed the orders of the Rockland County Court. The Appellate Division held that there was no probable cause for issue of the search warrant and that if marijuana seized pursuant to the search warrant was suppressed, there was insufficient evidence to support the indictment.
The People of the State of New York appealed to the Court of Appeals by permission of a Justice of the Appellate Division, contending thataffidavit of officer was sufficient to establish probable cause for issuance of the search warrant.
Order affirmed.
All concur except SCILEPPI, J., who dissents and votes to reverse on the dissenting...
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...does not establish the informant's reliability (see People v. Burnham, 30 A.D.2d 813, 292 N.Y.S.2d 164, affd. 23 N.Y.2d 809, 297 N.Y.S.2d 310, 244 N.E.2d 878). Similarly, there has been no proper showing of the reliability of the informant's information. The information has not been set for......
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Broughton v. State, 50612
...only a cursory review of the facts is necessary. (See People v. Broughton, 30 A.D.2d 813, 292 N.Y.S.2d 164, affd., 23 N.Y.2d 809, 297 N.Y.S.2d 310, 244 N.E.2d 878; People v. Schanbarger, 24 N.Y.2d 288, 300 N.Y.S.2d 100, 248 N.E.2d On the evening of November 14, 1967 Susan Broughton was a vi......
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...260 N.Y.S.2d 433, 208 N.E.2d 168 (1965); People v. Burnham, 30 A.D.2d 813, 292 N.Y.S.2d 164, 165 (2nd Dept. 1968), affd. 23 N.Y.2d 809, 297 N.Y.S.2d 310, 244 N.E.2d 878.) The main thrust of the defendant's motion to suppress is that the application for the search warrant herein does not rec......
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Broughton v. State, 50612
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