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People v. Miranda

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 2002
293 A.D.2d 344 (N.Y. App. Div. 2002)

Opinion

760

April 16, 2002.

Judgment, Supreme Court, New York County (John Bradley, J. at suppression hearing; Edward McLaughlin, J. at plea and sentence), rendered April 17, 2000, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

JAIME BACHRACH, for respondent.

SUSAN J. HORWITZ, for defendant-appellant.

Before: Nardelli, J.P., Sullivan, Wallach, Rubin, JJ.


Defendant's suppression motion was properly denied. The only issue raised on appeal is the reliability of the informant, an arrested drug dealer who advised the police that defendant was his supplier. The informant's statement was a declaration against his penal interest, as well as being thoroughly corroborated (see, People v. Johnson 66 N.Y.2d 398), particularly by the fact that the informant accurately advised of defendant's arrival at a particular address, known by the police to be a drug location. Therefore, there was probable cause for defendant's arrest.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Miranda

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 2002
293 A.D.2d 344 (N.Y. App. Div. 2002)
Case details for

People v. Miranda

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSE MIRANDA…

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

Date published: Apr 16, 2002

Citations

293 A.D.2d 344 (N.Y. App. Div. 2002)
740 N.Y.S.2d 194

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