People v. Drake

— Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that his motion to suppress was improperly denied in the absence of a hearing on the issue of the confidential informant’s reliability. Contrary to defendant’s assertions, the reliability prong of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108; Spinelli v United States, 393 US 410) does not apply in cases of sworn oral testimony, where the issuing Magistrate can evaluate veracity to determine whether probable cause exists (see, People v Taylor, 73 NY2d 683, 688; People v Oxx, 155 AD2d 851, 852,…