People v. Stewart

Judgment unanimously affirmed. Memorandum: Defendant contends that the suppression court erred in denying his motion to suppress physical evidence without a hearing. We disagree. Since the informant appeared and testified under oath before the Magistrate, a hearing to determine the reliability and veracity of the informant under the two-pronged Aguilar-Spinelli test is not required (see, People v Taylor, 73 NY2d 683, 688). We further conclude that the contemporaneous summary by the Magistrate of the substance of the testimony of the informant adequately preserved for review the grounds upon…