Opinion
December 7, 1998
Appeal from the County Court, Nassau County (Cotter, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, both the basis of the informant's statement and reliability ( see, People v. Griminger, 71 N.Y.2d 635, 639) can be inferred from the statement because the informant had personally observed the defendant's illegal activities as well as participated in them ( see, People v. McCann, 85 N.Y.2d 951, 953). Generally, an informant's statement against penal interest is deemed to be sufficiently reliable ( see, People v. Comforto, 62 N.Y.2d 725; People v. Thomas, 231 A.D.2d 749; People v. Crawford, 221 A.D.2d 462). Further, the informant's statement was corroborated by the warrant applicant's knowledge of the defendant, including the defendant's prior arrests and conviction involving drug offenses, and his observation of the informant ingesting the packets of cocaine that he admittedly bought from the defendant ( cf., People v. Williams, 191 A.D.2d 473, 474).
Mangano, P.J., Thompson, Santucci and McGinity, JJ., concur.