People v. Bolanos
Opinion of the Court
Judgment of Supreme Court, New York County (Irving Lang, J., at hearing, trial and sentence), rendered on August 18, 1987, convicting defendant, after a jury trial, of murder in the second degree and manslaughter in the second degree and sentencing him to concurrent indeterminate terms of imprisonment of from 21 years to life and 7 Vi to 15 years, respectively, unanimously affirmed.
On March 17, 1986, while Linda Familia and her husband Raphael Melo were opening their apartment door, defendant appeared from the hallway, displayed a gun and announced a robbery. Defendant pushed Meló and Familia into the apartment. After being told of Linda Familia’s cries for help from a friend, Jose Perez went to the apartment. The second robber, Miguel Bieth, knocked on the apartment door warning defendant that someone was coming. When defendant opened the door he saw Perez standing in the hallway just outside the door and shot him in the chest, killing him.
On March 18, 1987, Miguel Cabrera contacted the police and related that defendant stated to him that he had to leave because the person he shot had died and that defendant asked Cabrera to retrieve a gun from defendant’s van. Based on this information a search warrant for defendant’s van and apartment was issued. A .38 caliber gun was recovered from the van.
The issue on appeal is the validity of the search warrant. When an application for a search warrant relies on informa
Case-law data current through December 31, 2025. Source: CourtListener bulk data.