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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUY ANDERSON, Also Known as GUY HAMMONDS, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the court properly denied, without a hearing, that branch of his omnibus motion which was to controvert the search warrant and to suppress physical evidence seized pursuant thereto. The warrant application was accompanied by the affidavit of a police officer which was supported by the sworn statement of a named informant. The informant's statement setting out in detail criminal activity personally observed by him was a sufficient predicate for a finding of probable cause (People v Hicks, 38 N.Y.2d 90; People v Bartolomeo, 53 N.Y.2d 225).

Moreover, the defendant's contention that an in-camera hearing should have been held to determine the reliability or veracity of the informant's statement is without merit. "[A] defendant is entitled to a hearing in which he may challenge the truthfulness of the allegations in the affidavit supporting a search warrant only where he attacks the veracity of the police officer affiant, and not where * * * the credibility of the source of information is challenged" (People v Slaughter, 37 N.Y.2d 596, 600; see also; People v Solimine, 18 N.Y.2d 477, 479).

The sentence imposed was neither harsh nor excessive (People v Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and found them to be either unpreserved for appellate review or without merit (see, People v Robinson, 36 N.Y.2d 224). Bracken, J.P., Balletta, Eiber and Copertino, JJ., concur.

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PEOPLE v. ANDERSON
(Feb 8, 1993)