Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 2009PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered October 16, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the *511second degree, and sentencing him to a term of 3V2 years, unanimously affirmed.

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 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]). The basis of…

2Cases cited5 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. People v. MooreNew York Court of Appeals · 2006
  4. People v. RobersonAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. GovantesAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by1 opinion

  1. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2009

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