New York Court of Appeals, 1966

People v. Cardaio

New York Court of Appeals · Decided December 1, 1966 · Bergah, Burke, Desmond, Fuld, Keating, Soileppi, Yoouhis

18 N.Y.2d 924; 223 N.E.2d 497; 276 N.Y.S.2d 1004; 1966 N.Y. LEXIS 957

Cases that cite this one

4 later published cases cite this decision.

United States of America Ex Rel. Nicholas Cardaio v. J. Leland Casscles, Warden of Sing Sing Prison (2d Cir. 1971)
People v. Mason (Mich. Ct. App. 1970)
People v. Havelka (N.Y. 1978)
People v. Quinones (Appellate Division of the Supreme Court of New York 1988)

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

Determination of appeal withheld and case is remitted to the Supreme Court, Queens County, for further bearing on the motion to suppress for the following reasons: Where, as here, the source of the information upon whicg the police base probable cause denies that be is the source, it is incumbent upon the People to go forward with sufficient competent evidence to refute the denial of the person giving the information upon which the police have acted (cf. People v. Malinsky, 15 N Y 2d 86; Aguilar v. Texas, 378 U. S. 108, 114 n. 4; Riggan v. Virginia, 384 U. S. 152).

Concur: Chief Judge DesmoNd and Judges Fuld, Yah Yoouhis, Burke, Soileppi, Bergah and KeatiNg.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.