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People v. Candelaria

288 A.D.2d 391, 733 N.Y.S.2d 625, 2001 N.Y. App. Div. LEXIS 11244
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 19, 2001
StatusPublished

This text of 288 A.D.2d 391 (People v. Candelaria) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Candelaria, 288 A.D.2d 391, 733 N.Y.S.2d 625, 2001 N.Y. App. Div. LEXIS 11244 (N.Y. Ct. App. 2001).

Opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered August 7, 2000, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the hearsay information relied on by the police to establish probable cause to stop and search his vehicle was sufficient to satisfy both prongs of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108; Spinelli v United States, 393 US 410; People v Ketcham, 93 NY2d 416; People v Parris, 83 NY2d 342; People v Galak, 81 NY2d 463; People v Greene, 153 AD2d 439, cert denied 498 US 947).

In light of this determination, we need not reach the defendant’s remaining contentions. Ritter, J. P., Friedmann, Florio and Cozier, JJ., concur.

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Related

Aguilar v. Texas
378 U.S. 108 (Supreme Court, 1964)
Spinelli v. United States
393 U.S. 410 (Supreme Court, 1969)
People v. Parris
632 N.E.2d 870 (New York Court of Appeals, 1994)
People v. Ketcham
712 N.E.2d 1238 (New York Court of Appeals, 1999)
People v. Galak
616 N.E.2d 842 (New York Court of Appeals, 1993)
People v. Greene
153 A.D.2d 439 (Appellate Division of the Supreme Court of New York, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
288 A.D.2d 391, 733 N.Y.S.2d 625, 2001 N.Y. App. Div. LEXIS 11244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-candelaria-nyappdiv-2001.