People v. Taylor, 73 N.Y.2d 683 (1989)

A search warrant is invalid if the magistrate fails to substantially comply with the statutory requirement to record or summarize sworn testimony supporting the warrant application, undermining both the regularity of the application process and the basis for appellate review.

Summary

Defendants were charged with drug offenses after police executed a search warrant at their residence. The warrant application was supported by the sworn testimony of confidential informants before a Town Justice, who made only a few handwritten notes instead of recording or summarizing the testimony as required by CPL 690.40(1). The Town Justice later lost his notes and could not recall the informants’ testimony. The Court of Appeals held that the failure to properly record or summarize the testimony was not substantial compliance with the statute, requiring suppression of the evidence seized during the search because it prevented meaningful appellate review of the probable cause determination.

Facts

Police sought a warrant to search the defendants’ residence based on information from two confidential informants who claimed to have purchased LSD there within the past 24 hours. The informants testified under oath before a Town Justice. The Town Justice, whose courtroom tape recorder was unavailable, made a