SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
October 23, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOHN HENDRICKS, APPELLANT
Concur -- Eager, J. P., Capozzoli, McGivern, Nunez and Bastow, JJ.
The only evidence against the defendant in this case, the gun, was seized pursuant to a search warrant which the Court of Appeals has already held to be invalid, because the affidavit presented in support thereof failed "to establish a basis for the reliability of the information" supplied by a confidential informant. (People v. Hendricks, 25 N.Y.2d 129, 134.) The brief submitted by the District Attorney hereon concedes that "without the gun * * * the conviction must be reversed and the indictment dismissed".
Judgment, rendered on March 2, 1967, convicting defendant, on his plea of guilty, of criminally possessing a pistol as a misdemeanor, unanimously reversed, on the law, and indictment dismissed.
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