People v. Darden, 313 N.E.2d 49 (N.Y. 1974). · Go Syfert
People v. Darden, 313 N.E.2d 49 (N.Y. 1974). Cases Citing This Book View Copy Cite
473 citation events (200 in the last 25 years) across 29 distinct courts.
Strongest positive: People v. Richards (nyappdiv, 2025-06-06)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Richards
N.Y. App. Div. · 2025 · confidence medium
Even assuming, arguendo, that defendant's contention falls within the parties' agreed-upon exception for discovery issues to defendant's otherwise valid waiver of appeal ( see People v Malcolm , 231 AD3d 1503 , 1504 [4th Dept 2024], lv denied 43 NY3d 931 [2025]), such contention is without merit to the extent that it is reviewable on this record ( see generally People v Darden , 34 NY2d 177, 180-182 [1974], rearg denied 34 NY2d 995 [1974]).
examined Cited as authority (rule) People v. Taylor (3×)
N.Y. App. Div. · 2025 · confidence medium
Defendant further contends that the court erred in refusing to suppress physical evidence based on its determination following an in camera Darden hearing with respect to the confidential informant that was relied upon by the police ( see generally People v Edwards , 95 NY2d 486, 493-494 [2000]; People v Darden , 34 NY2d 177, 181-182 [1974], rearg denied 34 NY2d 995 [1974]).
discussed Cited as authority (rule) People v. Tucker
N.Y. App. Div. · 2023 · confidence medium
Thus, the court did [*3]not err in denying that request ( see People v Edwards , 95 NY2d at 492-494 ; People v Darden , 34 NY2d 177, 181 [1974]; People v Brown , 167 AD3d at 1333; People v Anderson , 104 AD3d 968 , 971 [3d Dept 2013], lv denied 21 NY3d 1013 [2013]; People v Lewis , 39 AD3d 1025, 1026 [3d Dept 2007]).
discussed Cited as authority (rule) People v. Tucker
N.Y. App. Div. · 2023 · confidence medium
Thus, the court did [*3]not err in denying that request ( see People v Edwards , 95 NY2d at 492-494 ; People v Darden , 34 NY2d 177, 181 [1974]; People v Brown , 167 AD3d at 1333; People v Anderson , 104 AD3d 968 , 971 [3d Dept 2013], lv denied 21 NY3d 1013 [2013]; People v Lewis , 39 AD3d 1025, 1026 [3d Dept 2007]).
discussed Cited as authority (rule) People v. Glover
N.Y. App. Div. · 2022 · confidence medium
After an in camera Darden hearing ( see People v Darden , 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]; see generally People v Edwards , 95 NY2d 486, 493-494 [2000]), County Court determined that the confidential informant "actually existed and . . . [had] engaged in the drug transactions as referenced in the search warrant application." On appeal, defendant contends that the court erred in its determination.
cited Cited as authority (rule) Gomez v. Miller
N.D.N.Y. · 2021 · confidence medium
Apr. 4, 2014) (citing Darden v. NY, 34 N.Y.2d 177, 180 (1974)). 8 551-553.
discussed Cited as authority (rule) People v. Nellons
N.Y. App. Div. · 2020 · confidence medium
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that Supreme Court erred in failing to conduct a Darden hearing with respect to a confidential informant who allegedly purchased heroin from defendant while working with the police ( see generally People v Darden , 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]).
cited Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2020 · confidence medium
We reject that contention ( see generally People v Edwards , 95 NY2d 486, 493-494 [2000]; People v Darden , 34 NY2d 177, 181-182 [1974], rearg denied 34 NY2d 995 [1974]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2020 · confidence medium
Similarly, defendant did not request a Darden hearing or challenge the identity of the confidential informant ( see People v Darden , 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]), and thus he also failed to preserve his contention that the court erred in failing to conduct such a hearing ( see CPL 470.05 [2]; People v Cruz , 89 AD3d 1464 , 1465 [4th Dept 2011], lv denied 18 NY3d 993 [2012]).
discussed Cited as authority (rule) People v. Kirkley
N.Y. App. Div. · 2019 · confidence medium
Such a hearing is required "'where there is insufficient evidence to establish probable cause apart from the testimony of the arresting officer as to communications received from [a CI and] when the issue of identity of the [CI] is raised at the suppression hearing'" ( People v Farrow , 98 NY2d 629, 631 [2002], quoting People v Darden , 34 NY2d 177, 181 [1974]; see People v Anderson , 104 AD3d 968, 971 [2013], lvs denied 21 NY3d 1013 , 1016 [2013]).
discussed Cited as authority (rule) People v. Givans
N.Y. App. Div. · 2019 · confidence medium
The People must produce a confidential informant for an ex parte hearing upon defendant's request where, as here, they rely on the statements of the confidential informant to establish probable cause ( see People v Edwards , 95 NY2d 486, 493 [2000]; People v Darden , 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]).
discussed Cited as authority (rule) People v. Johnston
N.Y. App. Div. · 2018 · confidence medium
Defendant contends that the court erred in refusing to conduct a Darden hearing to confirm the existence of the confidential informant ( see generally People v Darden , 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]).
discussed Cited as authority (rule) People v. Givans
N.Y. App. Div. · 2017 · confidence medium
It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Jefferson County Court for further proceedings in accordance with the following memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminally using drug paraphernalia in the second degree (§ 220.50 [3]), defendant contends that County Court erred in denying his request for a Darden hearing (see generally People v Darden, 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]…
discussed Cited as authority (rule) People v. Adrian-Reyes
N.Y. App. Div. · 2017 · confidence medium
We adhere to our prior decision in which we denied defendant’s motion for disclosure of the unredacted affidavits supporting the warrant applications, the sealed Darden hearing minutes (People v Darden, 34 NY2d 177, 181-182 [1974]) and related relief.
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2017 · confidence medium
Contrary to defendant’s further contention, County Court properly refused to suppress evidence seized by the police inasmuch as the confidential informant’s existence and basis of knowledge were sufficiently established at the in camera Darden hearing (see People v Darden, 34 NY2d 177, 181 [1974]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2017 · confidence medium
Contrary to defendant’s further contention, County Court properly refused to suppress evidence seized by the police inasmuch as the confidential informant’s existence and basis of knowledge were sufficiently established at the in camera Darden hearing (see People v Darden, 34 NY2d 177, 181 [1974]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2017 · confidence medium
Contrary to defendant’s further contention, County Court properly refused to suppress evidence seized by the police inasmuch as the confidential informant’s existence and basis of knowledge were sufficiently established at the in camera Darden hearing (see People v Darden, 34 NY2d 177, 181 [1974]).
discussed Cited as authority (rule) People v. Dudden
N.Y. App. Div. · 2016 · confidence medium
Where, as here, information is received from a confidential informant but the police officer thereafter makes his or her own observations of criminal activity without further employment of the informant, those observations form the basis for probable cause to arrest, rendering a Darden hearing unnecessary (see People v Darden, 34 NY2d 177, 180-181 [1974], rearg denied 34 NY2d 995 [1974]; People v Long, 100 AD3d 1343 , 1345-1346 [2012], lv denied 20 NY3d 1063 [2013]).
discussed Cited as authority (rule) People v. Dudden
N.Y. App. Div. · 2016 · confidence medium
Where, as here, information is received from a confidential informant but the police officer thereafter makes his or her own observations of criminal activity without further employment of the informant, those observations form the basis for probable cause to arrest, rendering a Darden hearing unnecessary (see People v Darden, 34 NY2d 177, 180-181 [1974], rearg denied 34 NY2d 995 [1974]; People v Long, 100 AD3d 1343 , 1345-1346 [2012], lv denied 20 NY3d 1063 [2013]).
discussed Cited as authority (rule) People v. Crooks
N.Y. App. Div. · 2015 · confidence medium
Initially, we agree with County Court that a Darden hearing was not necessary inasmuch as probable cause for the search warrant was established, in part, by the independent observations of the police (see People v Farrow, 98 NY2d 629, 630-631 [2002]; People v Darden, 34 NY2d 177, 181-182 [1974]; People v Sudler, 75 AD3d 901, 903-904 [2010], lv denied 15 NY3d 956 [2010]).
discussed Cited as authority (rule) People v. Anderson
N.Y. App. Div. · 2013 · confidence medium
Such a hearing is warranted when the evidence is insufficient to establish probable cause other than the arresting officer’s testimony regarding communications from an informer, and questions as to the informer’s identity are raised at the suppression hearing (see People v Adrion, 82 NY2d 628, 633-634 [1993]; People v Darden, 34 NY2d 177, 181 [1974]).
discussed Cited as authority (rule) People v. Anderson
N.Y. App. Div. · 2013 · confidence medium
Such a hearing is warranted when the evidence is insufficient to establish probable cause other than the arresting officer’s testimony regarding communications from an informer, and questions as to the informer’s identity are raised at the suppression hearing (see People v Adrion, 82 NY2d 628, 633-634 [1993]; People v Darden, 34 NY2d 177, 181 [1974]).
cited Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2012 · confidence medium
We reject that contention (see generally People v Edwards, 95 NY2d 486, 493-494 [2000]; People v Darden, 34 NY2d 177, 181-182 [1974], rearg denied 34 NY2d 995 [1974]).
discussed Cited as authority (rule) People v. Cruz
N.Y. App. Div. · 2011 · confidence medium
Defendant failed to preserve for our review his further contention that the court erred in failing to conduct a Darden hearing inasmuch as he did not request such a hearing or challenge the identity of the confidential informant (see CPL 470.05 [2]; People v Darden, 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).
discussed Cited as authority (rule) People v. Gramson
N.Y. App. Div. · 2008 · confidence medium
We have considered and rejected defendant’s remaining suppression claims, including her arguments regarding the need for a Darden hearing (People v Darden, 34 NY2d 177, 181 [1974]), a Franks/Alfinito hearing (Franks v Delaware, 438 US 154 [1978]; People v Alfinito, 16 NY2d 181 [1965]), or any other type of hearing.
discussed Cited as authority (rule) People v. Carrieri (2×)
N.Y. App. Div. · 2008 · confidence medium
The defendant’s arrest was the result of information provided by a confidential informant and the hearing court properly assessed the informant’s reliability in camera, sufficiently following the procedural safeguards set forth in People v Darden ( 34 NY2d 177, 181 [1974]; see People v Rodriguez, 295 AD2d 456 [2002]).
discussed Cited as authority (rule) People v. Bethea
N.Y. App. Div. · 2007 · confidence medium
The Supreme Court properly denied the defendant’s untimely request for an in camera examination of the confidential informant (see People v Darden, 34 NY2d 177, 181 [1974]; People v Edwards, 95 NY2d 486 [2000]; People v Brown, 2 AD3d 1423, 1424 [2003]).
discussed Cited as authority (rule) People v. Kimes
N.Y. App. Div. · 2006 · confidence medium
(People v Darden, 34 NY2d 177, 182 [1974]; and see People v Serrano, 93 NY2d 73 [1999].) This is especially important in cases where an informant’s information is the sole basis for probable cause for an arrest.
cited Cited as authority (rule) People v. Lynn
N.Y. App. Div. · 2006 · confidence medium
A summary report of the hearing suffices to raise any possible appellate issues (see People v Darden, 34 NY2d 177, 181 [1974]).
discussed Cited as authority (rule) In re Newsday, Inc.
N.Y. App. Div. · 2004 · confidence medium
The interests advanced by respondent in opposing disclosure— the protection of the identity of a confidential informant and to avoid compromising an ongoing investigation—are substantial and are not outweighed by the generalized public interest in the warrant application process (see People v Castillo, 80 NY2d 578, 583 [1992], cert denied 507 US 1033 [1993]; People v Darden, 34 NY2d 177, 181 [1974]; and see Times Mirror Co., 873 F2d at 1217-1219; United States v Cianci, 175 F Supp 2d at 202 ).
discussed Cited as authority (rule) State v. Kiyabu
Haw. App. · 2003 · confidence medium
See State v. Hosey, 132 Idaho 117, 119 , 968 P.2d. 212, 214 (1998) (ordering that “[t]o determine the extent of the informer privilege, the trial court must-conduct an in camera examination of the evidence”); People v. Brown, 256 Cal. Rptr. 11, 15, 207 .Cal.App.3d 1541, 1548 (1989) (explaining that where a Cl is involved and defendant challenges the affidavit supporting the search warrant, the court must conduct an in camera hearing to determine if Cl’s identity should be kept confidential; if so, court must examine Cl and other evidence to determine if the affidavit in support of the se…
discussed Cited as authority (rule) People v. Merejildo
N.Y. App. Div. · 2003 · confidence medium
The court conducted a “sensitive balancing” of the informant’s safety against defendant’s right to an adversarial proceeding (see People v Castillo, 80 NY2d 578, 582 [1992], cert denied 507 US 1033 [1993]) and employed a combination of procedures approved in Castillo and in People v Darden ( 34 NY2d 177, 181-182 [1974]).
discussed Cited as authority (rule) People v. Edwards
NY · 2000 · confidence medium
In People v Serrano (93 NY2d, supra, at 77), for example, this Court stated that a Darden hearing “is required ‘where there is insufficient evidence to establish probable cause apart from the testimony of the arresting officer as to com *494 munications received from an informer’ ” (quoting People v Darden, supra, 34 NY2d, at 181 [emphasis added]).
discussed Cited as authority (rule) People v. Cortez
N.Y. City Crim. Ct. · 2000 · confidence medium
(See, People v Darden, 34 NY2d 177, 181-182 [1974].) Castillo broadened Darden to permit, when necessary, withholding all information, when supplied by an informant, underlying the issuance of a search warrant.
cited Cited as authority (rule) People v. Hamilton
N.Y. App. Div. · 1996 · confidence medium
Further, after inquiry, the trial court is required to forward a summary report to the parties; the transcript is sealed and available only for appellate review (see, People v Darden, supra, at 181).
examined Cited as authority (rule) People v. Adrion (3×) also: Cited "see"
NY · 1993 · confidence medium
The trial court may then question the informant outside the presence of the defendant or defense counsel, although counsel should be afforded an opportunity to submit written questions to be posed by the Judge (People v Darden, supra, at 181).
discussed Cited as authority (rule) People v. Castillo (2×)
NY · 1992 · confidence medium
In order to protect the confidentiality of the informant, we sanctioned a procedure whereby a signifi cant aspect of the inquiry on the motion to suppress is conducted by the court on the defendant’s behalf, without the defendant’s direct participation (see, People v Darden, 34 NY2d, at 181, supra).
discussed Cited as authority (rule) People v. Pimental
N.Y. App. Div. · 1992 · confidence medium
However, it is noted that even People v Darden (supra) requires that the defendant receive a copy of the court’s report of its interview with the confidential informant, relative to both "the existence of the informer and with respect to the communications made by the informer to the police to which the police testify” (People v Darden, supra, at 181 [emphasis supplied]).
discussed Cited as authority (rule) People v. Vega
N.Y. App. Div. · 1991 · confidence medium
The testimony at the in camera Darden hearing (People v Darden, supra) supports the Supreme Court’s determination that the confidential informant existed and had supplied to the police the information contained in the affidavit supporting the application for a warrant to search the apartment where the defendant and his codefendants were arrested (see, People v Darden, supra, at 181-182).
discussed Cited as authority (rule) Commonwealth v. Amral (2×)
Mass. · 1990 · confidence medium
See State v. Casal, supra at 821 ; People v. Darden, 34 N.Y.2d 177, 180 (1974); United States v. Rawlinson, 487 F.2d 5 , 8 n. 5 (9th Cir.1973), cert. denied, 415 U.S. 984 (1974).
cited Cited as authority (rule) People v. Velez
N.Y. Sup. Ct. · 1990 · confidence medium
That report should be made available to the defendant and to the People” (supra, 34 NY2d, at 181 [emphasis supplied]).
cited Cited as authority (rule) Commonwealth v. Lugo
Mass. App. Ct. · 1987 · confidence medium
New York excludes defense counsel at in camera suppression hearings, see People v. Darden, 34 N.Y.2d 177, 181 (1974).
discussed Cited as authority (rule) Commonwealth v. Bonasorte (2×)
Pa. · 1984 · confidence medium
The in camera procedure is in effect a neutral course between complete confidentiality and full disclosure that in most cases would render it unnecessary to sacrifice either the government's informer privilege or the defendant's rights on the scales of a "balancing test." The New York Court of Appeals instituted and described a regular in camera hearing procedure for that State in *358 People v. Darden, 34 N.Y.2d 177, 181 , 313 N.E.2d 49, 52 , 356 N.Y.S.2d 582, 585-86 (1974); while upholding an order affirming a refusal to disclose an informant's identity, the Court said: In any event the cour…
discussed Cited "see" People v. Berry
N.Y. App. Div. · 2025 · signal: see · confidence high
While we agree with defendant that he would have been entitled to a Darden hearing with respect to the confidential informant who purchased heroin from defendant had defense counsel requested one ( see People v Edwards , 95 NY2d 486, 489 [2000]; see generally People v Darden , 34 NY2d 177, 181 [1974], rearg denied 34 NY2d 995 [1974]), a single error rises to the level of ineffective assistance only in the rare instance when the error " 'involve[s] an issue that is so clear-cut and dispositive that no reasonable defense counsel would have failed to assert it, and it [is] evident that the decisi…
discussed Cited "see" HERNANDEZ, JR., EDUARDO, PEOPLE v
N.Y. App. Div. · 2016 · signal: see · confidence high
Contrary to defendant’s contention, the in camera testimony of the confidential informant at the Darden hearing established that the confidential informant existed and imparted to the police the information referred to in the search warrant application (see People v Brown [appeal No. 1], 93 AD3d 1231, 1231 , lv denied 19 NY3d 958 ; see generally People v Darden, 34 NY2d 177, 181-182 , rearg denied 34 NY2d 995 ).
discussed Cited "see" People v. Hernandez
N.Y. App. Div. · 2016 · signal: see · confidence high
Contrary to defendant’s contention, the in camera testimony of the confidential informant at the Darden hearing established that the confidential informant existed and imparted to the police the information referred to in the search warrant application (see People v Brown [appeal No. 1], 93 AD3d 1231, 1231 [2012], lv denied 19 NY3d 958 [2012]; see generally People v Darden, 34 NY2d 177, 181-182 [1974], rearg denied 34 NY2d 995 [1974]).
discussed Cited "see" People v. Hernandez
N.Y. App. Div. · 2016 · signal: see · confidence high
Contrary to defendant’s contention, the in camera testimony of the confidential informant at the Darden hearing established that the confidential informant existed and imparted to the police the information referred to in the search warrant application (see People v Brown [appeal No. 1], 93 AD3d 1231, 1231 [2012], lv denied 19 NY3d 958 [2012]; see generally People v Darden, 34 NY2d 177, 181-182 [1974], rearg denied 34 NY2d 995 [1974]).
cited Cited "see" People v. Wilson
N.Y. App. Div. · 2008 · signal: see · confidence high
We reject that contention (see generally People v Edwards, 95 NY2d 486, 493-494 [2000]; see generally Darden, 34 NY2d at 181-182 ).
discussed Cited "see" People v. Phillips
N.Y. App. Div. · 1997 · signal: see · confidence high
Memorandum: Following remittal by this Court for a Darden hearing (People v Phillips, 237 AD2d 971 ; see, People v Darden, 34 NY2d 177 , rearg denied 34 NY2d 995 ), County Court found that the People failed to establish the existence of the informant by credible extrinsic evidence.
discussed Cited "see" People v. Chahine
N.Y. City Crim. Ct. · 1991 · signal: see · confidence high
Thus, where the disclosure of the contents of a communication will not tend to reveal the identity of an informer, the contents are not privileged.” ( 353 US 53, 59-60 [1957]; see, People v Darden, 34 NY2d 177 [1974].) 1 Courts in this jurisdiction have since addressed the specific issue of precluding discovery where the People assert that to do otherwise would compromise the well-being of the confidential informant who provided the affiant with the basis for his knowledge.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
David I. Darden
New York Court of Appeals.
May 15, 1974.
313 N.E.2d 49
1974 N.Y. LEXIS 1576
Leslie A. Bradshaw for appellant., Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for respondent.
Jones.
Cited by 289 opinions  |  Published
Jones, J.

At the suppression hearing the court refused to require the People to disclose the identity of the informer who furnished the information which provided the basis for defendant’s arrest. We are asked on this appeal to review the propriety of that refusal as well as the legality of the warrantless search of the attaché case which defendant was carrying when he was arrested.

The Rochester police arrested defendant at 10:20 p.m. on Wednesday evening, December 24, 1969, at the Rochester Monroe County Airport following his arrival on a flight from New York City. The police immediately took the attaché case which defendant had been carrying in his hand. He was escorted to an airlines office across the hallway where the police conducted simultaneous searches of defendant’s person and of the attaché case. A very substantial quantity of héroin was recovered from the attaché case. There was testimony that after the attaché case had been opened and the heroin discovered, defendant was observed in handcuffs.

At the suppression hearing the police testified that on the preceding Monday, December 22, about noon, they had received an anonymous telephone tip that a large shipment of heroin was coming into Rochester. In response to street inquiries prompted by that tip, the police were informed that the supply of heroin in Rochester was low. Additionally it was their testimony that about 6:00 p.m. that evening a previously reliable informer with whom they had spoken during the afternoon, telephoned to say that a large shipment was indeed coming in on a late flight from New York City. The precise day of arrival was not specified. Police testified that the informer described the prospective carrier of the incoming shipment as to his build and the clothing he would be wearing and added that he would be carrying an attaché case. It was testified that the informer in this instance had named the two individuals through whom he had obtained his information (each of whom was known to the police) and that the police knew the informer to be reliable because he had previously furnished information leading to arrests and convictions for drug offenses. The description of[*180] the carrier furnished by the informer tallied with that of defendant when he was arrested.

The court sustained the District Attorney’s refusal to disclose the name of the informer.

Following denial of the motions to suppress, defendant pleaded guilty to criminal possession of a dangerous drug in the third degree in violation of section 220.20 of the Penal Law.

Taking the issues presented in inverse order, we encounter no difficulty in sustaining the search of defendant’s attaché case. The search was clearly incidental to that arrest. Defendant had been carrying the case and it was taken from his right hand when he was arrested. He was escorted immediately to an available airlines office just off the hallway in which he had been arrested and he and the attaché ease were promptly searched. Such a search falls within the permissible scope of Chimel v. California (395 U. S. 752) under even its most restricted reading. The attaché case was surely within defendant’s grabbable reach. Not to have seized it would have been both to expose the arresting officers to the risk of serious injury by means of weapons which might have been concealed in the case, as well as to risk destruction of the incriminating evidence which the case might have contained. The search of the attaché case was a proper incident to defendant’s arrest. (Chambers v. Maroney, 399 U. S. 42; United States v. Mehciz, 437 F. 2d 145, cert. den. 402 U. S. 974; see People v. Loria, 10 N Y 2d 368, 373.)

We turn, then, to the more troublesome question — that of probable cause for defendant’s arrest. It is not seriously contended that the information furnished by the informer was not sufficient to establish probable cause. Rather appellant contends that the District Attorney’s refusal to disclose the identity of the informer, sustained by the suppression hearing Judge, deprived him of a fair hearing on the issue. It is this aspect of the case which is troublesome.

Probable cause for the arrest of this defendant could have been found only in the information furnished by the so-called “ reliable ” informer. The only evidence separate therefrom was the wholly anonymous noontime call on December 22 and the information subsequently gleaned from street inquiries that the supply of heroin in Rochester was low. Neither item, of[*181] course, afforded any basis whatsoever for the arrest of this defendant. Nothing observed by the arresting officers prior to defendant’s arrest would support the arrest.

We affirm the order of the Appellate Division which upholds the refusal to disclose the identity of this informer under constraint of our decision in People v. Castro (29 N Y 2d 324; cf. People v. Malinsky, 15 N Y 2d 86).

In any event the court regards it as fair and wise, in a case such as this, where there is insufficient evidence to establish probable cause apart from the testimony of the arresting officer as to communications received from an informer, when the issue of identity of the informer is raised at the suppression hearing, for the suppression Judge then to conduct an in camera inquiry. The prosecution should be required to make the informer available for interrogation before the Judge. The prosecutor may be present but not the defendant or his counsel. Opportunity should be afforded counsel for defendant to submit in writing any questions which he may desire the Judge to put to the informer. The Judge should take testimony, with recognition of the special need for protection of the interests of the absent defendant, and make a summary report as to the existence of the informer and with respect to the communications made by the informer to the police to which the police testify. That report should be made available to the defendant and to the People, and the transcript of testimony should be sealed to be available to the appellate courts if the occasion arises. At all stages of the procedure, of course, every reasonable precaution should be taken to assure that the anonymity of the informer is protected to the maximum degree possible.

The weighty considerations countervailing against disclosure of the identity of police informers are evident — “ the furtherance and protection of the public interest in effective law enforcement ” (Roviaro v. United States, 353 U. S. 53, 59). Assuring the desirable flow of useful information to the police will, of course, depend on predictable and reliable assurances that anonymity of informers will be preserved. The question as to when and in what manner, if at all, identity of the informer and verification of his communication should be established calls for a sensitive and wise balancing of the rights of the[*182] individual defendant and the interests of the public. Such a procedure as we have described would be designed to protect against the contingency, of legitimate concern to a defendant, that the informer might have been wholly imaginary and the communication from him entirely fabricated. At the same time the legitimate interests of the police in preserving the anonymity of the informer would be respected.

To the extent indicated, where the determination of probable cause necessarily rests on communications received from an otherwise unidentified informer, we would depart from other decisions of our court holding that the issue of probable cause must be determined solely on the basis of a record fully available to the defendant (e.g., Matter of Sarisohn, 21 N Y 2d 36, 42-43; People v. McCall, 17 N Y 2d 152, 158). .

The order of the Appellate Division should be affirmed.

Chief Judge Breitel and Judges Jasen, Wachtler, Stevens and Rabin concur; Judge Gabrielli taking no part.

Order affirmed.