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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2003
301 A.D.2d 663 (N.Y. App. Div. 2003)

Opinion

2001-00908

Submitted January 6, 2003.

January 27, 2003.

Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered January 22, 2001, convicting him of robbery in the first degree (eight counts) and robbery in the second degree (four counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Cotter, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and his statements to law enforcement officials.

Steven A. Feldman, Hauppauge, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Peter A. Weinstein and Jodi A. Danzig of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the People demonstrated that the informant who provided information to the police was reliable and had a sufficient basis for his knowledge (see Aguilar v. Texas, 378 U.S. 108; Spinelli v. United States, 393 U.S. 410; see also People v. DiFalco, 80 N.Y.2d 693; People v. Comforto, 62 N.Y.2d 725; People v. Jean-Charles, 226 A.D.2d 395). Accordingly, probable cause for the defendant's arrest was established, and those branches of the defendant's omnibus motion which were to suppress physical evidence and his statements to law enforcement officials were properly denied.

SANTUCCI, J.P., O'BRIEN, GOLDSTEIN and COZIER, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2003
301 A.D.2d 663 (N.Y. App. Div. 2003)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE, ETC., respondent, v. PHILLIP MILLER, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 27, 2003

Citations

301 A.D.2d 663 (N.Y. App. Div. 2003)
753 N.Y.S.2d 872

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