New York Court of Appeals

The People of the State of New York, Appellant-Respondent v. Stewart A. Griminger

April 28, 198871 N.Y.2d 635

Summary

The New York Court of Appeals held that New York State law requires the Aguilar‑Spinelli two‑prong test, not the Gates totality‑of‑circumstances approach, to evaluate informant‑based search warrant affidavits. Because the affidavit failed the reliability prong, the warrant was invalid and the seized evidence was suppressed. The Court also dismissed the defendant's cross‑appeal as non‑appealable under CPL 450.90.