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People v. Drake

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 929 (N.Y. App. Div. 1991)

Opinion

December 26, 1991

Appeal from the Niagara County Court, Hannigan, J.

Present — Denman, P.J., Doerr, Boomer, Pine and Balio, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to defendant's argument that his motion to suppress was improperly denied in the absence of a hearing on the issue of the confidential informant's reliability. Contrary to defendant's assertions, the reliability prong of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 U.S. 108; Spinelli v United States, 393 U.S. 410) does not apply in cases of sworn oral testimony, where the issuing Magistrate can evaluate veracity to determine whether probable cause exists (see, People v Taylor, 73 N.Y.2d 683, 688; People v Oxx, 155 A.D.2d 851, 852, lv denied 76 N.Y.2d 740). Defendant's further argument that the record is silent with respect to personal observations of the confidential informant at 2402 Niagara Street also lacks merit. The transcript of the confidential informant's testimony reveals otherwise.


Summaries of

People v. Drake

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 929 (N.Y. App. Div. 1991)
Case details for

People v. Drake

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC DRAKE, SR.…

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

Date published: Dec 26, 1991

Citations

178 A.D.2d 929 (N.Y. App. Div. 1991)
578 N.Y.S.2d 796

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