People v. Collier

Appellate Division of the Supreme Court of New York

People v. Collier

188 A.D.2d 1002, 592 N.Y.S.2d 992, 1992 N.Y. App. Div. LEXIS 14827

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 1992·Published

Opinion

Judgment unanimously affirmed.

Memorandum: Defendant argues on appeal that an "important portion” of Investigator Kelly’s affidavit in support of the search warrants consists of hearsay from the confidential source that was not contained in the confidential source’s affidavit in support of the search warrants, thereby requiring the prosecution to establish the reliability of the confidential source. We disagree. The only missing portion cited by defendant, Investigator Kelly’s reference to "four steakums”, was not an essential part of the application and thus the AguilarSpinelli test for the reliability of the confidential source (see, Aguilar v Texas, 378 US 108; Spinelli v United States, 393 US 410) does not apply (see, People v Kirby, 168 AD2d 981). We have examined defendant’s remaining issue and find it to be lacking in merit. (Appeal from Judgment of Monroe County Court, Maloy, J. — Criminal Possession Controlled Substance, 1st Degree.) Present — Denman, P. J., Pine, Balio, Fallon and Davis, JJ.

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Judgment unanimously affirmed.

Memorandum: Defendant argues on appeal that an "important portion” of Investigator Kelly’s affidavit in support of the search warrants consists of hearsay from the confidential source that was not contained in the confidential source’s affidavit in support of the search warrants, thereby requiring the prosecution to establish the reliability of the confidential source. We disagree. The only missing portion cited by defendant, Investigator Kelly’s reference to "four steakums”, was not an essential part of the application and thus the AguilarSpinelli test for the reliability of the confidential source (see, Aguilar v Texas, 378 US 108; Spinelli v United States, 393 US 410) does not apply (see, People v Kirby, 168 AD2d 981). We have examined defendant’s remaining issue and find it to be lacking in merit. (Appeal from Judgment of Monroe County Court, Maloy, J. — Criminal Possession Controlled Substance, 1st Degree.) Present — Denman, P. J., Pine, Balio, Fallon and Davis, JJ.

People v. Collier, 188 A.D.2d 1002, 592 N.Y.S.2d 992, 1992 N.Y. App. Div. LEXIS 14827 (N.Y. Ct. App. 1992).

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Opinion

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