| People v Whittle |
| 2008 NY Slip Op 01583 [48 AD3d 714] |
| February 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v SilasWhittle, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Peter A. Weinstein and Laurie K.Spinella of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino,J.), rendered January 18, 2007, convicting him of criminal possession of a weapon in the thirddegree, upon his plea of guilty, and imposing sentence. The appeal brings up for review thedenial, after a hearing (LaPera, J.), of that branch of the defendant's omnibus motion which wasto suppress physical evidence.
Ordered that the judgment is affirmed.
The People satisfied their burden of establishing that the police had probable cause to arrestthe defendant because the informants had a sufficient basis for the statements they made to thepolice and were reliable (see Spinelli v United States, 393 US 410 [1969]; Aguilar vTexas, 378 US 108 [1964]; People vBryant, 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, 11AD3d 641 [2004]). Moreover, after detaining the defendant, the police had probable cause tobelieve that the gun he was accused of brandishing was located inside the car he had beenoperating and, therefore, the warrantless search of the vehicle in question was proper (seePeople 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 motionwhich was to suppress physical evidence. Mastro, J.P., Fisher, Dillon and McCarthy, JJ., concur.