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People v. Chavis

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2004
7 A.D.3d 537 (N.Y. App. Div. 2004)

Opinion

1999-00094.

Decided May 3, 2004.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered December 22, 1998, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Gary E. Eisenberg, Monroe, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.

Before: HOWARD MILLER, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The reliability of the confidential informant and the basis of his knowledge were established ( see People v. Griminger, 71 N.Y.2d 635; People v. Hines, 262 A.D.2d 423). Accordingly, the police had probable cause to arrest the defendant and to search his person incident to the arrest.

The defendant's remaining contentions are unpreserved for appellate review ( see People v. Reynoso, 295 A.D.2d 156).

H. MILLER, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.


Summaries of

People v. Chavis

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2004
7 A.D.3d 537 (N.Y. App. Div. 2004)
Case details for

People v. Chavis

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ANTHONY CHAVIS, appellant

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

Date published: May 3, 2004

Citations

7 A.D.3d 537 (N.Y. App. Div. 2004)
775 N.Y.S.2d 592

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