Opinion
December 30, 1992
Appeal from the Supreme Court, Erie County, Kasler, J., Erie County Court, Drury, J.
Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.
Judgment unanimously reversed on the law, motion granted and indictment dismissed. Memorandum: County Court erred by denying defendant's motion to suppress evidence seized pursuant to a search warrant. The sketchy details provided in the handwritten statement signed by the confidential informant did not constitute a summary of the informant's examination by the issuing Magistrate "recorded or summarized on the record by the court" (CPL 690.40). Because we conclude there was not substantial compliance with CPL 690.40, the evidence discovered during the search authorized by the defective warrant must be suppressed (see, People v Taylor, 73 N.Y.2d 683, 690). In view of our determination, we do not reach defendant's other contentions.