People v. Johnson

2 Citing cases

  1. People v. Conway

    218 A.D.3d 1286 (N.Y. App. Div. 2023)

    see e.g.Hanlon , 36 N.Y.2d at 554, 369 N.Y.S.2d 677, 330 N.E.2d 631 ; People v. Patterson , 199 A.D.3d 1072, 1073, 157 N.Y.S.3d 179 [3d Dept. 2021], lv denied 37 N.Y.3d 1163, 160 N.Y.S.3d 709, 181 N.E.3d 1137 [2022] ; People v. Stephens , 209 A.D.2d 999, 999, 619 N.Y.S.2d 445 [4th Dept. 1994], lv denied 84 N.Y.2d 1039, 623 N.Y.S.2d 195, 647 N.E.2d 467 [1995] ; People v. Collier , 89 A.D.2d 1041, 1042, 456 N.Y.S.2d 119 [3d Dept. 1982] ). Here, in addition to the prior tip that had led to the issuance of a search warrant and an arrest, the CI had also successfully worked with law enforcement on other narcotics investigations inasmuch as the CI had performed controlled drug transactions that had resulted in the arrests of suspects, which provided further indicia of the CI's reliability (see generallyPeople v. Baptista , 130 A.D.3d 1541, 1542, 13 N.Y.S.3d 759 [4th Dept. 2015], lv denied 27 N.Y.3d 991, 38 N.Y.S.3d 102, 59 N.E.3d 1214 [2016] ; Flowers , 59 A.D.3d at 1142, 873 N.Y.S.2d 413 ; People v. Johnson , 237 A.D.2d 916, 917, 654 N.Y.S.2d 514 [4th Dept. 1997], lv denied 90 N.Y.2d 859, 661 N.Y.S.2d 186, 683 N.E.2d 1060 [1997] ).

  2. People v. Conway

    2023 N.Y. Slip Op. 4043 (N.Y. App. Div. 2023)

    onvictions would certainly strengthen an informant's reliability, information leading to search warrants or arrests alone may be considered positively in evaluating the reliability of an informant, along with other indicia (see e.g. Hanlon, 36 N.Y.2d at 554; People v Patterson, 199 A.D.3d 1072, 1073 [3d Dept 2021], lv denied 37 N.Y.3d 1163 [2022]; People v Stephens, 209 A.D.2d 999, 999 [4th Dept 1994], lv denied 84 N.Y.2d 1039 [1995]; People v Collier, 89 A.D.2d 1041, 1042 [3d Dept 1982]). Here, in addition to the prior tip that had led to the issuance of a search warrant and an arrest, the CI had also successfully worked with law enforcement on other narcotics investigations inasmuch as the CI had performed controlled drug transactions that had resulted in the arrests of suspects, which provided further indicia of the CI's reliability (see generally People v Baptista, 130 A.D.3d 1541, 1542 [4th Dept 2015], lv denied 27 N.Y.3d 991 [2016]; Flowers, 59 A.D.3d at 1142; People v Johnson, 237 A.D.2d 916, 917 [4th Dept 1997], lv denied 90 N.Y.2d 859 [1997]).