(DOWNLOAD) "People State New York v. Alice Taylor" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Alice Taylor
- Author : Court of Appeals of New York
- Release Date : January 08, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[73 N.Y.2d 683 Page 686] Opinion OF THE COURT At the core of this appeal, in a prosecution for criminal possession of a controlled substance and
related offenses, is the meaning of "substantial compliance" with the requirements of a statute -- here, a statute specifically
mandating that testimony taken in support of a search warrant application "be either recorded or summarized on the record
by the court." (CPL 690.40 [1].) During the evening of January 16, 1987, the local police department called Webster Town Justice
Jack Van Ingen to the station to conduct a hearing on an application for a warrant to search defendants' residence. Because
his own courtroom was undergoing repairs, Justice Van Ingen was unable to use the tape recorder there to record the statements.
Instead, as he later described, he made a "few" handwritten notes for his "own edification" (in his words), while Police Officer
Scott Parsons questioned both witnesses. Those notes were the only effort the Magistrate made to keep a record of the testimony.
Several months later at the request of the District Attorney's office, Parsons prepared a reconstructed version of his questions
and the informants' answers.