People v. Superior Court (Levy)

The People petition for writ of mandate to compel respondent superior court to vacate its order directing them to disclose the identity of a confidential informant. The petition is denied on the ground that mandate is not available for this purpose.

The facts adduced in support of the motion to compel disclosure of the informant were as follows: The informant told an undercover officer that defendant was selling heroin, apparently confirming information the officer had received from other sources, and arranged for the officer to meet defendant at the latter’s apartment. When the officer, accompanied by the informant, went to defendant’s apartment, the informant introduced'them. Four other men and a woman were also in the apartment. The officer told defendant that he wanted to buy two “quarter spoons” of heroin. Defendant replied that the price would be $20 per “quarter spoon,” but that he did not then have the heroin and was waiting for his roommate to deliver it to him. The officer agreed to the price. The officer then left the apartment and returned an hour later. The informant was not present on this occasion but there were two other men in the apartment when the…