| People v Gonzalez |
| 2009 NY Slip Op 04559 [63 AD3d 1609] |
| June 5, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Jose L.Gonzalez, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.),rendered January 31, 2006. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a controlled substance in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]).Contrary to the contention of defendant, Supreme Court properly refused to suppress theevidence seized from him during a traffic stop. We reject the contention of defendant that thePeople failed to establish the existence and reliability of the confidential informant and the basisof the informant's knowledge at the Darden hearing (see generally People vJohnson, 66 NY2d 398, 402-403 [1985]). The court properly made available to defendant its"Summary Report" with respect to the existence of the informant and the communications madeby the informant to the police (see People v Allen, 298 AD2d 856 [2002], lvdenied 99 NY2d 579 [2003]). That report established that "the information provided by the[informant] carried sufficient indicia of reliability to permit the officer to reasonably credit it"(People v Bashian, 190 AD2d 681, 682 [1993], lv denied 81 NY2d 836 [1993]),and it established the basis of the informant's knowledge (see generally Johnson, 66NY2d at 402). Present—Smith, J.P., Centra, Peradotto, Green and Gorski, JJ.