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People v. Banks

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 607 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

Appeal from the County Court, Nassau County (Lawrence, J.).


Judgment affirmed.

The hearing court's conclusion that the police had probable cause to arrest defendant is supported by the independent knowledge possessed by the police, as well as a statement made by an informant to the police which implicated defendant in certain criminal activity. The informant, who was defendant's acquaintance, was a witness to the particular incident, which he related to the police. Therefore, the prosecution did not have to demonstrate his past reliability (see, People v Berzups, 49 N.Y.2d 417; United States v Di Stefano, 555 F.2d 1094).

We have examined defendant's remaining arguments and find them to be either unpreserved for review, as a matter of law, or without merit. Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.


Summaries of

People v. Banks

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 607 (N.Y. App. Div. 1985)
Case details for

People v. Banks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS BANKS, Appellant

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

Date published: Dec 16, 1985

Citations

115 A.D.2d 607 (N.Y. App. Div. 1985)