Opinion
September 26, 1994
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the order is reversed, on the law, the defendant's motion is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
The present appeal is authorized by CPL 450.20 (8). The fact that the accusatory instrument, which now contains the charges affected by the Supreme Court's suppression order, previously contained other counts which were unaffected by that order, does not deprive the People of their statutory right to appeal (see, CPL 450.20; cf., Matter of Forte v. Supreme Ct., 48 N.Y.2d 179).
Turning to the merits, we find that the Supreme Court erred in suppressing certain physical evidence seized during the execution of a search warrant. The affidavit presented to the court which issued the warrant established probable cause to believe that contraband was present at the location in question. The reliability of the undercover officer's information, as recounted in the affidavit of another officer, and as presented to the court through that affidavit, is presumed to be reliable (see, People v. Parris, 83 N.Y.2d 342, 347, citing People v. Petralia, 62 N.Y.2d 47, 52, cert denied 469 U.S. 852; United States v Ventresca, 380 U.S. 102, 111; 2 LaFave, Search and Seizure § 3.5 [a], at 2-4 [2d ed]; see also, People v. Gaviria, 183 A.D.2d 913; People v. Lopez, 162 A.D.2d 621; People v. Londono, 148 A.D.2d 753). Balletta, J.P., O'Brien, Copertino and Florio, JJ., concur.