Plea Vacated Due to Defective Search Warrant
Following the execution of a search warrant at Mr. Vincent’s apartment, the police recovered physical evidence, and Mr. Vincent was indicted of weapon possession and other crimes. Without a hearing, the trial court denied Mr. Vincent’s motion to controvert the search warrant and suppress physical evidence. Mr. Vincent subsequently pled guilty.
On appeal, the Appellate Division found numerous problems with the confidential informant who provided the basis for the warrant: the police failed to establish that the informant was reliable; the informant’s statement was not under oath or against penal interests; there was no proven track record that the informant had previously supplied reliable information; and the only information provided by the informant that was independently corroborated prior to the execution of the warrant was that Mr. Vincent lived in the apartment and the description of the premises. Accordingly, the Appellate Division reversed, granted the branch of the motion to controvert the search warrant and suppress the seized physical evidence, and vacated the plea.
Anders Nelson represented Mr. Vincent