New York Court of Appeals

The People of the State of New York, Respondent v. Albert Brown, Appellant

June 17, 197640 N.Y.2d 183

Summary

The Court of Appeals affirmed the lower court's order, holding that an oral warrant application recorded by a court reporter satisfies the statutory writing requirement and that the informant's personal, unsworn appearance before the magistrate provides sufficient reliability under the Aguilar test. Two dissenting opinions argue that the lack of sworn, written proof of the informant's reliability violates constitutional and statutory mandates.