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People v. Diaz

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 912 (N.Y. App. Div. 1989)

Opinion

February 3, 1989

Appeal from the Oneida County Court, Murad, J.

Present — Dillon, P.J., Doerr, Boomer, Green and Pine, JJ.


Judgment unanimously affirmed. Memorandum: None of the issues raised by defendant on appeal has merit and only one requires comment.

We have reviewed the affidavits presented to the issuing Magistrate and find that they provided "information sufficient to support a reasonable belief that evidence of illegal activity [would] be present at the specific time and place of the search" (People v Edwards, 69 N.Y.2d 814, 816). Defendant has no absolute right to disclosure of the identity, affidavits or testimony of a confidential informant (People v Delgado, 134 A.D.2d 951, lv denied 71 N.Y.2d 895); an independent review of the facts presented is all that is required (People v Fino, 14 N.Y.2d 160, 163).


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 912 (N.Y. App. Div. 1989)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESAR DIAZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 3, 1989

Citations

147 A.D.2d 912 (N.Y. App. Div. 1989)
537 N.Y.S.2d 693

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