Opinion
December 30, 1992
Appeal from the Monroe County Court, Maloy, J.
Present — Denman, P.J., Pine, Balio, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant argues on appeal that an "important portion" of Investigator Kelly's affidavit in support of the search warrants consists of hearsay from the confidential source that was not contained in the confidential source's affidavit in support of the search warrants, thereby requiring the prosecution to establish the reliability of the confidential source. We disagree. The only missing portion cited by defendant, Investigator Kelly's reference to "four steakums", was not an essential part of the application and thus the Aguilar-Spinelli test for the reliability of the confidential source (see, Aguilar v Texas, 378 U.S. 108; Spinelli v United States, 393 U.S. 410) does not apply (see, People v Kirby, 168 A.D.2d 981). We have examined defendant's remaining issue and find it to be lacking in merit.