People v. Budd

Fuchsberg, J.

(dissenting). On the full record here I would hold as a matter of law that the People had exerted "inadequate efforts to ascertain” the informer’s whereabouts as required by People v Jenkins (41 NY2d 307, 311) itself.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler concur; Judge Fuchsberg dissents and votes to reverse in a separate memorandum.

Order affirmed in a memorandum.