PEOPLE v. HERNANDEZ (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Juan HERNANDEZ, Defendant-Appellant

Decided: June 18, 1999

PRESENT: DENMAN, P.J., PINE, WISNER, HURLBUTT and CALLAHAN, JJ.

Peter J. Pullano, Rochester, for defendant-appellant. David V. Shaw, Canton, for plaintiff-respondent.

Contrary to the contention of defendant, the search warrant for his mobile home was issued upon probable cause. The reliability and basis of knowledge of the confidential informant and the third party who purchased the drugs for the informant were confirmed by the investigators' observation of a controlled buy and through other police sources (see, People v. Ferron, 248 A.D.2d 962, 670 N.Y.S.2d 955, lv. denied 92 N.Y.2d 879, 678 N.Y.S.2d 26, 700 N.E.2d 564; People v. Parker, 217 A.D.2d 946, 629 N.Y.S.2d 592, lv. denied 87 N.Y.2d 849, 638 N.Y.S.2d 608, 661 N.E.2d 1390).

Judgment unanimously affirmed.

MEMORANDUM:

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