New York Court of Appeals
The People of the State of New York, Appellant-Respondent v. Peter Alfinito and Ralph Raymond Zarro
October 21, 196516 N.Y.2d 181
Summary
The Court affirmed the Appellate Term's order directing a new hearing on the defendant's motion to suppress, holding that the New York Code of Criminal Procedure permits a defendant to challenge the truthfulness of the affidavit supporting a search warrant, that the burden lies with the moving party, and that lack of explicit findings of fact is not fatal.