Opinion
May 31, 1996
Appeal from the Genesee County Court, Morton, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly determined that defendant's warrantless arrest was supported by probable cause. The arresting officer received a radio report that a blue, full-size Ford van with handicapped license plates had been stolen and was parked outside an address in the City of Batavia. Upon arriving at that address, the officer observed defendant standing beside the open driver's side door of a van matching the description in the radio report. As the officer approached, defendant walked away quickly and entered a residence. The motor of the van remained running. At the same time, an identified citizen informant advised the officer that the owner of the van was a man named "Red", that defendant had been driving the van and that defendant had admitted either that the van was stolen or that he did not have permission to use it. After speaking with the informant, the officer found defendant hiding under bushes at the back of the residence he had entered earlier.
We reject defendant's contention that the information provided by the informant failed to satisfy the basis of knowledge prong of the Aguilar-Spinelli test ( see, Spinelli v. United States, 393 U.S. 410; Aguilar v. Texas, 378 U.S. 108). The statements of the informant were based upon his personal knowledge regarding the ownership of the van and his conversation with defendant while riding in the van ( see, People v. Crawford, 162 A.D.2d 1028, lv denied 76 N.Y.2d 854; People v. Frye, 113 A.D.2d 843, lv denied 66 N.Y.2d 919; People v. Millard, 90 A.D.2d 590). In addition, the initial radio report and defendant's suspicious conduct at the scene confirm the informant's statements and further support the determination of probable cause ( see, People v. Kadan, 195 A.D.2d 174, 178, lv denied 83 N.Y.2d 854).