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The PEOPLE, etc., respondent, v. STEPHEN HINES, appellant. (Ind. No. 94-00142)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the search warrant issued in this case was supported by probable cause. The reliability of the confidential informant, upon whose information the search warrant was granted, was sufficiently demonstrated in the warrant application. The informant had previously provided reliable narcotics information to the police on several occasions, leading to arrests. At the behest of the investigating officers, and under their supervision, he conducted a purchase of narcotics from the defendant in this case ( see, Aguilar v. Texas, 378 U.S. 108; Spinelli v. United States, 393 U.S. 410; People v. Williams, 220 A.D.2d 710; People v. Glenn, 207 A.D.2d 909). Moreover, the basis for the informant's information was his observation of drug selling by the defendant, and his direct purchase of drugs from the defendant ( see, People v. Bigelow, 66 N.Y.2d 417; People v. Johnson, 66 N.Y.2d 398).

The defendant's remaining contentions are without merit.

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PEOPLE v. HINES
(Jun 7, 1999)