2 No. 58
The People &c.,
Appellant,
v.
Imanu Farrow, a/k/a Imanu Flowers,
Respondent.
_________________________________________________________________
2002 NY Int. 49
April 30, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Richard Longworth Hecht, for appellant.
David B. Weisfuse, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be reversed and the case
remitted to that court for further proceedings in accordance with this
memorandum.
On July 14, 1999, a confidential informant told the Mount Vernon
Police that a person would conduct a drug transaction near the Mount
Vernon Public Library. As a result of that conversation, the police
went to the location. One police officer observed defendant, who fit
the description given by the confidential informant. The officer
observed defendant reach inside his pants and remove two pinkish
translucent bags. These bags appeared to contain a white chunky
substance and did, in fact, contain crack cocaine. The police
subsequently arrested defendant and, after searching him, charged him
with criminal possession of a controlled substance and criminal
possession of a weapon.
Defendant moved to suppress the gun and drugs. In their written
response, the People stated that they had probable cause to arrest the
defendant based on the information received from the confidential
informant and the observation of the police officer. The People also
stated that a Darden (People v Darden, , 34 NY2d 177 (1974))
hearing should be held. The People, however, could not produce the
confidential informant at the hearing on the motion to suppress
evidence. They argued then, as they do now, that probable cause could
SNIPPETS:
The People &c., Appellant, v. Imanu Farrow, a/k/a Imanu Flowers, Respondent.
This memorandum is uncorrected and subject to revision before publication in the New York
David B. Weisfuse, for respondent.
The order of the Appellate Division should be reversed and the case remitted to that court
On July 14, 1999, a confidential informant told the Mount Vernon Police that a person would
One police officer observed defendant, who fit the description given by the confidential
These bags appeared to contain a white chunky substance and did, in fact, contain crack
The police subsequently arrested defendant and, after searching him, charged him with
the People stated that they had probable cause to arrest the defendant based on the
The People, however, could not produce the confidential informant at the hearing on the
The Appellate Division reversed, holding that, for probable cause to be established, it is
The police arrested a carrier when he arrived at the Rochester Monroe County airport carrying
While there were drugs in the attache case, the testimony of the confidential informant was
This Court stated, "where there is insufficient evidence to establish probable cause apart
In People v Adrion (, 82 NY2d 628 (1993)), a confidential informant told the police that
We, therefore, reverse and remit to the Appellate Division for further proceedings in
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