People v. Phillips
Cases that cite this one
3 later published cases cite this decision.
- People v. Nettles (Appellate Division of the Supreme Court of New York 2019)
- People v. Johnston (Appellate Division of the Supreme Court of New York 2018)
- People v. Phillips (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: During the suppression hearing, defendant twice requested that County Court conduct a Darden inquiry because the arresting officers had no information establishing, probable cause other than that provided by an informer (see, People v Darden, 34 NY2d 177, rearg denied 34 NY2d 995). Because there is "insufficient evidence to establish probable cause apart from the testimony of the arresting officer as to communications received from [the] informer” (People v Darden, supra, at 181), the court erred in denying defendant’s request for a Darden hearing (see, People v Adrian, 82 NY2d 628, 633-634). Thus, we hold the case, reserve decision and remit the matter to Onondaga County Court to conduct a Darden hearing. (Appeal from Judgment of Onondaga County Court, Cunningham, J.— Criminal Possession Controlled Substance, 5th Degree.) Present—Green, J. P., Lawton, Callahan, Boehm and Fallon, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.