People v. Cardaio
| Decision Date | 01 December 1966 |
| Citation | 276 N.Y.S.2d 1004,223 N.E.2d 497,18 N.Y.2d 924 |
| Parties | , 223 N.E.2d 497 The PEOPLE, etc., Respondent, v. Nicholas CARDAIO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Defendant was charged under one count of indictment with feloniously possessing a narcotic drug with intent to sell and under the other count with feloniously possessing a narcotic drug. The defendant made a motion to suppress marijuana allegedly obtained as result of an unlawful search and seizure. The marijuana had been obtained during search of defendant's home by police detective who did not have either a warrant for defendant's arrest or a search warrant. The detective testified that he had been told by his superior, a police lieutenant who was not called as a witness, that a certain individual had made a complaint to the police that he had been robbed at gunpoint by defendant and others and that eight pounds of marijuana had been taken during the robbery. The individual testified that he had told the police that he had been robbed but had not told the police that defendant was involved in the robbery.
The Supreme Court, Criminal Term, Joseph M. Conroy, J., entered judgments on a verdict convicting the defendant under both counts and sentencing defendant separately on each count, and entered an order denying the motion to suppress the marijuana, and the defendant appealed.
The Appellate Division entered judgments affirming the judgments of the Criminal Term and the order of the Criminal Term denying the motion to suppress.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals.
Determination of appeal withheld and the case is remitted to Supreme Court, Queens County, for further hearing on the motion to suppress for the following reasons: Where, as here, the source of the information upon which the police base probable cause denies that he is the source, it is incumbent upon the People to go forward with sufficient competent evidence to refute the denial of the person giving the information upon which the police have acted (cf. People v. Malinsky, 15 N.Y.2d 86, 262 N.Y.S.2d 65, 209 N.E.2d 694; Aguilar v. State of Texas, 378 U.S. 108, 114 n. 4, 84 S.Ct. 1509, 12 L.Ed.2d 723; Riggan v. Virginia, 384 U.S. 152, 86 S.Ct. 1378, 16 L.Ed.2d 431).
All concur.
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People v. Mason, Docket No. 6884
...Ellison v. State (Alaska, 1963), 383 P.2d 716; State v. Gaudiosi (1967), 97 N.J.Super. 565, 235 A.2d 680; People v. Cardaio (1966), 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 223 N.E.2d 497.19 Placing the burden on the prosecution to show the reasonableness of a warrantless search is also consistent......
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United States ex rel. Cardaio v. Casscles
...and remanded the case to the Supreme Court, Queens County, for a further hearing on the motion to suppress. People v. Cardaio, 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 223 N.E.2d 497 (1966). A further hearing was held, again before Mr. Justice Conroy, in March 1967. In May 1967, he denied the moti......
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People v. Quinones
...they had tried and failed' ( People v. Bryant, 37 NY2d 208, 211 [371 N.Y.S.2d 881, 333 N.E.2d 161]; but see People v. Cardaio, 18 NY2d 924 [276 N.Y.S.2d 1004, 223 N.E.2d 497] ). Denial of a rehearing under these circumstances accords with a system that offers a single opportunity for the pr......
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People v. Havelka
...tried and failed" (People v. Bryant, 37 N.Y.2d 208, 211, 371 N.Y.S.2d 881, 884, 333 N.E.2d 161, 162; but see People v. Cardaio, 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 223 N.E.2d 497). Denial of a rehearing under these circumstances accords with a system that offers a single opportunity for the p......