(Download) "People State New York v. Ambrose Rooney" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Ambrose Rooney
- Author : Supreme Court of New York
- Release Date : January 08, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appeal by defendant from a judgment of the County Court, Westchester County (Hickman, J.), rendered March 3, 1980, convicting him of criminal possession of a controlled substance in the fifth degree, upon his guilty plea, and imposing sentence. This appeal brings up for review the denial, after a hearing, of defendants motion to suppress an oral statement made by him and certain items of personal property. Judgment affirmed. On November 1, 1978, at about 4:45 p.m., Detective Robert Nolan, a 10-year veteran of the Mt. Vernon Police Department, received a telephone call from one of his informants that a person whom the informant identified by specifics of height, clothing and neck chains with a medallion was then selling heroin at a named location in Mt. Vernon. Shortly thereafter, the defendant, who answered the description, was arrested by Nolan and two other officers at the place indicated by the informant. He was given his Miranda warnings and was asked if he understood them. He nodded affirmatively. In due course he pleaded guilty. Now on appeal he urges: (1) That he never waived his rights when given his Miranda warnings; and (2) There was no probable cause for the arrest and search because the two-pronged test of Aguilar v Texas (378 U.S. 108) was not met. On this point, Nolan testified that the informants prior tips had led to other arrests and convictions in a number of cases. It is also significant that the informant accurately described the defendant and where he could be found and that Nolan observed the defendant involved in what appeared to be the criminal activities described by the informant. This satisfied the two-pronged test of reliability of the informant and reliability of his information. In [82 A.D.2d 840 Page 841]
 "People State New York v. Ambrose Rooney" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}