People v. Solimine, 18 N.Y.2d 477 (1966)
A defendant is not entitled to a hearing to challenge a search warrant affidavit where the challenge is to the veracity of the informant providing information to the affiant, rather than the truthfulness of the affiant’s statements themselves.
Summary
Solimine pleaded guilty to criminally buying and receiving stolen property. He sought to suppress evidence obtained via a search warrant, arguing the warrant’s affidavit was based on hearsay from a confessed thief. The trial court denied a hearing, but the Appellate Division reversed, citing People v. Alfinito. The Court of Appeals reversed, holding that Solimine’s challenge attacked the informant’s credibility, not the detective’s truthfulness. The Court reasoned that to warrant a hearing, the defendant must cast doubt on the affiant’s allegations, which Solimine failed to do, rendering a hearing unnecessary.
Facts
A detective obtained a search warrant based on an affidavit stating a named informant, incarcerated near the courthouse, confessed to burglarizing business premises with Solimine. The informant claimed Solimine possessed a calculating machine, a barometer, and a pistol at his home, car, or business, providing detailed descriptions verified by the detective.
Procedural History
The Supreme Court, Bronx County, convicted Solimine after he pleaded guilty. Solimine’s motion to suppress evidence was denied without a hearing. The Appellate Division reversed, finding Solimine was entitled to a hearing under People v. Alfinito. The New York Court of Appeals then reversed the Appellate Division’s order and reinstated the Supreme Court’s judgment.
Issue(s)
Whether a defendant is entitled to a hearing to challenge a search warrant affidavit when the defendant’s challenge is directed at the veracity of the informant providing information to the affiant, rather than the truthfulness of the affiant’s statements.
Holding
No, because the defendant’s challenge must put into issue the truthfulness of the affiant’s statements to warrant a hearing. Here, the defendant only challenged the credibility of the informant, not the truthfulness of the detective’s affidavit.
Court’s Reasoning
The Court distinguished this case from People v. Alfinito, emphasizing that Alfinito allows inquiry into whether the affidavit’s statements were perjurious, with the burden of proof on the attacker. The Court found Solimine’s affidavit did not attack the detective’s veracity but the credibility of the informant. The Court emphasized the importance of directing the challenge to the affiant’s truthfulness: “A challenge directed at the veracity of the informer does not put into issue the truthfulness of the affiant’s statements.” When reasons are given for crediting the source of information and the items and location are particularly detailed, a hearing will not be granted unless the moving papers imply perjury. The Court considered the detective’s specific details, such as the location of the items and verification of the informant’s information, did not imply falsity. The court found that the addition of details like color, model, and serial number of the calculating machine, likely from the victim, did not give the affidavit an air of falsity. Therefore, since Solimine’s challenge did not impugn the detective’s truthfulness, the Appellate Division erred in ordering a hearing. The key takeaway is that a defendant must directly challenge the affiant’s veracity, not merely question the informant’s credibility, to warrant a hearing on a search warrant affidavit.