AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS MENDEZ, Appellant.

The information contained in the officer's affidavit for a search warrant of defendant's residence was sufficient to warrant a reasonable belief that a gun would be found therein (CPL 690.40), including, among other things, that two identified informants had seen defendant at a specified location firing a gun, one of whom also saw defendant carrying a shopping bag immediately before and after firing the gun which he then took to his residence. Contrary to defendant's contention, this four-day old information was not stale. "[P]robable cause is not to be determined by counting the number of days between the occurrence of the events relied upon and the issuance of the search warrant" (People v Clarke, 173 A.D.2d 550).

Concur — Sullivan, J.P., Asch, Rubin and Nardelli, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. MENDEZ
(Dec 21, 1993)