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People v. Kirby

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 981 (N.Y. App. Div. 1990)

Opinion

December 21, 1990

Appeal from the Orleans County Court, Miles, J.

Present — Callahan, J.P., Doerr, Denman, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: The suppression court properly determined that the Aguilar-Spinelli test (see, Aguilar v. Texas, 378 U.S. 108; Spinelli v. United States, 393 U.S. 410) does not apply to this situation, where the identity of the citizen informant was disclosed to the Magistrate and a deposition signed by the informant and based upon personal observation was submitted in support of the application for a search warrant (see, People v. Hicks, 38 N.Y.2d 90, 93). We agree with the suppression court that defendant failed to carry his burden of proving that the allegations contained in the application were perjurious (see, People v. Tambe, 71 N.Y.2d 492, 504; People v. Alfinito, 16 N.Y.2d 181, 186), and that the application for the search warrant was supported by probable cause.


Summaries of

People v. Kirby

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 1990
168 A.D.2d 981 (N.Y. App. Div. 1990)
Case details for

People v. Kirby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS KIRBY, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 21, 1990

Citations

168 A.D.2d 981 (N.Y. App. Div. 1990)
564 N.Y.S.2d 927

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