People v. Shetler

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of marihuana in the second degree (Penal Law § 221.25). Defendant contends that County Court erred in denying his motion to suppress marihuana seized at his trailer pursuant to an allegedly invalid search warrant.

The search warrant application satisfies both prongs of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108; Spinelli v United States, 393 US 410). Although the informant had not provided information in the past, his declaration against…