People v. Corr
| Decision Date | 11 April 2006 |
| Docket Number | 2004-10767. |
| Citation | 28 A.D.3d 574,2006 NY Slip Op 02776,816 N.Y.S.2d 82 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT B. CORR, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
There is a strong judicial preference for search warrants (see People v. Hanlon, 36 NY2d 549, 558 [1975]; People v. Williams, 249 AD2d 343, 344 [1998]). The search warrant application must provide the court with sufficient information to support a reasonable belief that evidence of illegal activity will be present at the specific time and place of the search (see People v. Bigelow, 66 NY2d 417, 423 [1985]; People v. Fricchione, 20 AD3d 433 [2005]).
Contrary to the defendant's contention, the search warrant was supported by probable cause. The identified citizen informant was presumptively reliable (see People v. Allen, 209 AD2d 425 [1994]) as there are criminal sanctions attendant upon falsely reporting information to authorities (see People v. Chipp, 75 NY2d 327, 340 [1990], cert denied 498 US 833 [1990]). Further, the informant's basis of knowledge was sufficiently established by her familiarity with the defendant, his home, and his family, and the detailed description of the criminal activity which took place in her presence at the defendant's home.
The defendant's remaining contentions are without merit.
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...based on her firsthand observations, is sufficient to satisfy the second prong of the Aguilar–Spinelli test (see People v. Corr, 28 A.D.3d 574, 575, 816 N.Y.S.2d 82 [2006], lv denied 7 N.Y.3d 787, 821 N.Y.S.2d 817, 854 N.E.2d 1281 [2006] ; People v. Slater, 173 A.D.2d at 1026, 570 N.Y.S.2d ......
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