PEOPLE v. KIRBY

Judgment unanimously affirmed. Memorandum: The suppression court properly determined that the Aguilar-Spinelli test (see, Aguilar v. Texas, 378 U.S. 108; Spinelli v. United States, 393 U.S. 410) does not apply to this situation, where the identity of the citizen informant was disclosed to the Magistrate and a deposition signed by the informant and based upon personal observation was submitted in support of the application for a search warrant (see, People v. Hicks, 38 N.Y.2d 90, 93). We agree with the suppression court that defendant failed to carry his burden of proving that the allegations contained in the application were perjurious (see, People v. Tambe, 71 N.Y.2d 492, 504; People v. Alfinito, 16 N.Y.2d 181, 186), and that the application for the search warrant was supported by probable cause.