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PEOPLE v. SMITH

63 A.D.3d 510 (2009)

880 N.Y.S.2d 289

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOCKEEM SMITH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 11, 2009.

The court properly denied defendant's suppression motion. The police had probable cause to arrest defendant for assault, based on information provided by an unidentified citizen-informant that satisfied both prongs of the Aguilar/Spinelli test (Spinelli v United States, 393 U.S. 410 [1969]; Aguilar v Texas, 378 U.S. 108 [1964]). The basis of knowledge test was satisfied when the informant...

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