THE PEOPLE &C., RESPONDENT, v. MELODY MARTINEZ, APPELLANT.
80 N.Y.2d 549, 607 N.E.2d 775, 592 N.Y.S.2d 628 (1992).
December 21, 1992
3 No. 270
Decided December 21, 1992
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Robert S. Smith, for Appellant.
Alfred D. Chapleau, for Respondent.
. SMITH, J.:
The issue here is whether an affidavit signed by a person only as
"Confidential Informant" and without any determination as to that
person's reliability can establish the requisite probable cause for a
search warrant. We conclude that it cannot.
Defendant was found guilty, after a jury trial in County Court,
Schenectady County, of criminal possession of a controlled substance
in the first degree in violation of Penal Law § 220.21(1) and
sentenced to fifteen years to life in prison. This appeal grows out of
the search of defendant's apartment preceding her arrest.
The facts as found by the suppression court and the Appellate Division
are as follows. On September 21, 1987, Schenectady Police Department
Investigator Edward Galligan was notified by a confidential informant
that she could purchase drugs from the defendant at 23 Brandywine
Avenue in Schenectady. That location had allegedly previously been
under investigation for drug activity. The informant agreed to go to
the location to purchase drugs. Subsequently, the informant returned
with seven grams of cocaine that the defendant had allegedly given to
her. At the time she went to the location, the informant was not
accompanied by the police and she had no money. Thus, the informant's
acquisition was not found to have been a "controlled buy."
The application for the search warrant was supported by an affidavit
by Investigator Galligan and two affidavits signed by "Confidential
Informant." Investigator Galligan's affidavit described his meeting
with an informant regarding cocaine and her alleged subsequent
purchase of cocaine from defendant. However, the investigator's
affidavit failed to specify any situations in which information
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Robert S. Smith, for Appellant.
The issue here is whether an affidavit signed by a person only as "Confidential Informant"
Defendant was found guilty, after a jury trial in County Court, Schenectady County, of
On September 21, 1987, Schenectady Police Department Investigator Edward Galligan was
Investigator Galligan's affidavit described his meeting with an informant regarding cocaine
In denying defendant's motion to suppress the seized drugs, the court found that the
sworn statements, provided reasonable cause to issue the search warrant.
The Appellate Division agreed with the conclusion of the suppression court, reasoning that
We conclude that the probable cause necessary for the issuance of a search warrant is lacking
First, issuance of the warrant here violated Article I, Section 12 of the New York State
In Griminger we held that, as a matter of State constitutional law, an application for a
Neither the affidavit signed by Investigator Galligan nor anything else submitted to the
Accordingly, the order of the Appellate Division should be reversed, defendant's motion to
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