Opinion
2331.
November 25, 2003.
Amended judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered August 17, 2001, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him to consecutive terms of 25 years to life and 7 to 21 years, respectively, unanimously affirmed.
Nancy D. Killian, for Respondent.
Abigail Everett, for Defendant-Appellant.
Before: Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.
Following remittal by the Court of Appeals ( 95 N.Y.2d 486), the court conducted a Darden hearing (People v. Darden, 34 N.Y.2d 177) and determined, after an ex parte, in camera examination of a confidential informant, that there was probable cause for defendant's arrest. The record, including the informant's testimony at the Darden hearing, establishes a continuing need to keep the informant's identity confidential. The hearing court's in camera review of prior statements by the informant was appropriate given the principles underlying Darden (see also People v. Castillo, 80 N.Y.2d 578, 584, cert denied 507 U.S. 1033). Upon our own review of the hearing record, we find that the court properly concluded that there was probable cause for defendant's arrest and that the resulting identifications were not the product of any unlawful police conduct.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.