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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORDAN ROBERT MARCUS, Appellant.

Ordered that the judgment is affirmed.

The police were informed by an identified private citizen informant that the codefendant Bela Borcsok related to him the circumstances concerning the death of the victim, David Moriarty, The contents of that statement, implicating both Borcsok and the defendant in the Moriarty homicide, were previously articulated in People v Borcsok ( 107 A.D.2d 42). Based on this information and other corroborating facts independently obtained by the police pursuant to their investigation into the Moriarty death, the hearing court found that there was probable cause to arrest both the defendant and Borcsok. We agree. An identified private citizen informant is to be treated differently than unnamed paid informants because "[t]he average citizen who provides the authorities with information as to observed criminal activity does so with no expectation of private gain" (People v Hicks, 38 N.Y.2d 90, 94; see, People v Cantre, 95 A.D.2d 522, 526, affd 65 N.Y.2d 790). Therefore, in light of the independent corroborative facts obtained by the police prior to the informant's statement, the authorities justifiably relied on its contents in arresting the defendant and Borcsok (cf. People v Johnson, 66 N.Y.2d 398, 402-403).

The hearing court's findings as to the defendant's knowing and intelligent waiver of his constitutional rights were also supported by the record. Thus, there is no basis for reversal (see, People v Prochilo, 41 N.Y.2d 759, 761; People v Sanchez, 109 A.D.2d 761, 762; People v Armstead, 98 A.D.2d 726).

Finally, the sentence imposed was not unduly harsh or excessive. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.

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PEOPLE v. MARCUS
(Oct 20, 1986)