# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · February 20, 1975 · 46 A.D.2d 590

URL: https://www.frixlaw.com/law-library/cases/5794671

## Case

- **Full name:** The People of the State of New York v. Albert Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 20, 1975
- **Citations:** 46 A.D.2d 590; 364 N.Y.S.2d 512; 1975 N.Y. App. Div. LEXIS 8549
- **Precedential status:** Published
- **Opinion:** Concurrence by Kupfermah
- **Judges:** Kupfermah, Murphy
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5794671

## Opinion text

Kupfermah, J.
(concurring). It is hard to conceive of a more rational approach protective of personal rights with respect to the issuance of a warrant than to have oral testimony by a police officer before a Supreme Court Justice, with his informant present. (Cf. People v. Mercado, 45 A D 2d 699.) Further, we have the conclusion of the Justice that she considers the informant reliable and the information valid.
For analogy, in the area of motion picture obscenity, a view by the court is a proper basis for a warrant where both First and Fourth Amendment rights are involved. (Heller v. New York, 413 U. S. 483 ; see Lee Art Theatre v. Virginia, 392 U. S. 636, 637 ; People v. Lubie, 70 Misc 2d 713 ; People v. P. A. J. Theater Corp., 66 Misc 2d 373, 376 ; People v. Shiffrin, 64 Misc 2d 311 ; and see G. I. Distrs. v. Murphy, 469 F. 2d 752 , 754, n. 4 vacated and remanded 413 U. S. 913 , on remand 490 F. 2d 1167 , cert. den. 416 U. S. 939 .) See, also, Note, “ The Prior Adversary Hearing: Solution to Procedural Due Process Problems in Obscenity Seizures ”, 46 N. Y. U. L. Bev. 80 and especially at *592 83 et seq. ‘ ‘ Development of the First and Fourth Amendment Approaches ”.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5794671. Public record. Not legal advice.