Opinion
May 15, 1990
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Contrary to defendant's contention, the court properly denied her request for an in camera hearing pursuant to People v Darden ( 34 N.Y.2d 177, 181). There were no allegations that the police informant was imaginary or the communications fabricated. A police officer may make an arrest without a warrant when there is probable cause to believe the person has committed a crime and the probable cause may be supplied through hearsay information (People v. Johnson, 66 N.Y.2d 398, 402). To establish probable cause based on hearsay, it must be shown that the informant was reliable and had some basis for the knowledge transmitted to the police (Aguilar v. Texas, 378 U.S. 108; Spinelli v. United States, 393 U.S. 410; People v. Johnson, supra). This two-prong test was met herein as the police testimony established the informer's long record for giving reliable information and that the informant's information was the result of personal knowledge and direct observation. Further, the informant's reliability and basis of knowledge were confirmed by police observation.
Concur — Ross, J.P., Carro, Kassal, Ellerin and Rubin, JJ.