Opinion
March 18, 1991
Appeal from the Supreme Court, Queens County (Cohen, J.).
Ordered that the judgment is affirmed.
Under the Aguilar-Spinelli rule (see, Aguilar v Texas, 378 U.S. 108; Spinelli v United States, 393 U.S. 410), when probable cause for the issuance of a warrant depends on hearsay statements, the affiant who applies for the warrant must establish that the informant was reliable and had some basis for the information he transmitted to the affiant (see, People v Bigelow, 66 N.Y.2d 417; People v Burks, 134 A.D.2d 604). Here, the evidence establishes that the informant used by the detective who applied for the warrant was reliable and that the information he gave was based upon personal observations.
The defendant further asserts that the detective lied in his affidavit as to a material fact so as to create probable cause. When the credibility and accuracy of the allegations made by the affiant in a search warrant affidavit are challenged, the defendant must establish by a preponderance of the evidence that the allegations were perjurious or made with a reckless disregard for the truth (see, Franks v Delaware, 438 U.S. 154; People v Tambe, 71 N.Y.2d 492, 504; People v Proctor, 155 A.D.2d 624). The defendant has not sustained his burden. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.