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People v. Moore

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1090 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Green, J.P., Pine, Balio, Lawton and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting her upon her plea of guilty to criminal possession of stolen property in the second degree, defendant argued that the court erred in failing to hold an in camera hearing pursuant to People v Darden ( 34 N.Y.2d 177, rearg denied 34 N.Y.2d 995). We agreed and remitted the case for a Darden hearing ( 124 A.D.2d 1032). Based on that hearing transcript, we are satisfied that the warrant was issued upon probable cause. We further find that the informant's reliability was established by the police officer's affidavit, in which he asserted that the informant had given information that had led to two arrests and convictions (see, People v Rodriguez, 52 N.Y.2d 483, 489).

We have examined defendant's remaining arguments on appeal and find them to be without merit.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1090 (N.Y. App. Div. 1992)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHEILA MOORE, Appellant

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

Date published: Oct 7, 1992

Citations

186 A.D.2d 1090 (N.Y. App. Div. 1992)