People v. Park
Cases that cite this one
10 later published cases cite this decision.
- People v. Woodring (Appellate Division of the Supreme Court of New York 2008)
- People v. Scullin (Appellate Division of the Supreme Court of New York 2025)
- People v. Humphrey (Appellate Division of the Supreme Court of New York 2022)
- LONG, DEJUAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Long (Appellate Division of the Supreme Court of New York 2012)
- People v. Styles (New York County Courts 2010)
- People v. Coleman (Appellate Division of the Supreme Court of New York 2006)
- People v. Gilfus (Appellate Division of the Supreme Court of New York 2004)
- People v. Sall (Appellate Division of the Supreme Court of New York 2002)
- People v. McLaughlin (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal possession of marihuana in the second degree (Penal Law § 221.25), defendant contends that County Court erred in denying his suppression motion because the search warrant for his residence, containing upper and lower apartments, was issued on less than probable cause. Affording great deference to the determination of the issuing Magistrate and reviewing the application “in a common-sense and realistic fashion” (People v Markiewicz, 246 AD2d 914, 915, lv denied 91 NY2d 974), we conclude that the search warrant was supported by probable cause and thus that the motion to suppress was properly denied. The informant’s sworn testimony before the issuing Magistrate establishes the reliability prong of the Aguilar-Spinelli test (see, Aguilar v Texas, 378 US 108; Spinelli v United States, 393 US 410; People v Drake, 178 AD2d 929, lv denied 79 NY2d 1000). The most recent electricity bill for the unoccupied apartment showed almost double the electric consumption of the occupied lower apartment, supporting the inference that plants were being grown there. The basis of knowledge prong was met based on the testimony of the informant that, over the course of 18 years, he had purchased marihuana from defendant at his home and that he had once seen marihuana plants in defendant’s second-floor apartment (see, People v Burks, 134 AD2d 604, 605).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.