People v. Whittle
| Citation | 48 A.D.3d 714,2008 NY Slip Op 01583,852 N.Y.S.2d 300 |
| Decision Date | 19 February 2008 |
| Docket Number | 2007-01512. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SILAS WHITTLE, Appellant. |
| Court | New York Supreme Court Appellate Division |
Ordered that the judgment is affirmed.
The People satisfied their burden of establishing that the police had probable cause to arrest the defendant because the informants had a sufficient basis for the statements they made to the police and were reliable (see Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]; People v Bryant, 8 NY3d 530, 534 n 2 [2007]; People v DiFalco, 80 NY2d 693, 697 n 1 [1993]; People v Bigelow, 66 NY2d 417, 424-426 [1985]; People v Nabarrete, 18 AD3d 782, 782-783 [2005]; People v Rios, 11 AD3d 641 [2004]). Moreover, after detaining the defendant, the police had probable cause to believe that the gun he was accused of brandishing was located inside the car he had been operating and, therefore, the warrantless search of the vehicle in question was proper (see People v Belton, 55 NY2d 49 [1982]; People v Govantes, 297 AD2d 551 [2002]). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence.
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