POUGHKEEPSIE – The Appellate Division of the New York State Supreme Court has overturned a decision made by Dutchess County Court Judge Peter Forman in a case involved an arrest of then-22-year-old Darnell “Money” Lambrey on gun and drug charges.
Lambrey was arrested after an undercover officer and confidential informant signed affidavits saying that Lambrey was selling drugs and possessed a handgun.
During an appearance before Forman, Lambrey’s attorney asked for a hearing on the validity of the warrant as well as copies of the warrant application.
Dutchess County District Attorney William Grady’s office argued that the names of the undercover detective and the informant would need to be redacted for their protection. Judge Forman agreed, ordered the names withheld, and ruled against Lambrey’s request without a hearing.
Lambrey’s attorney appealed the decision and the higher court agreed that Forman erred in his decision.
The Appellate Division has ruled that the Lambrey is entitled to the hearing that was requested and has ordered the county court to make the arrangements for the hearing. When asked about the decision, Grady said, “The Appellate Division decided that the county court applied the wrong standard and should have ordered a hearing on the defendant’s challenge to the search warrant.”
Grady indicated that his office was willing to provide the information to the defendant provided that the names of the officer and the informant that were redacted. Grady said that Lambrey chose to plead guilty to felonies of criminal possession of a controlled substance and criminal possession of a firearm, with a maximum sentence of three years.
Lambrey was sent to prison on June 28, 2018 and released on parole 232 days later.
