Opinion
January 11, 1990
Appeal from the Supreme Court, New York County (Leslie C. Snyder, J.),
At issue in this narcotics prosecution is the adequacy of the police affidavit made in support of the search warrant. We have examined it, and conclude that it satisfied all applicable requirements (People v. Hanlon, 36 N.Y.2d 549). Defendant was observed over a significant period of time and his conduct, as described in the challenged affidavit, "was more than merely equivocal and suspicious." (People v. Giammarino, 53 A.D.2d 871, affd 42 N.Y.2d 1090.) Defendant's reliance on cases involving confidential informers or anonymous phone calls (e.g., People v Wirchansky, 41 N.Y.2d 130; People v. Germano, 91 A.D.2d 1137) is misplaced. Here, the only basis claimed for the affiant's knowledge is his own observations, a plainly reliable basis (United States v. Ventresca, 380 U.S. 102, 111). These observations provided probable cause to believe that defendant possessed drugs.
Concur — Kupferman, J.P., Asch, Milonas, Wallach and Rubin, JJ.