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People v. Cantre

65 N.Y. 790 Court N.Y. Decision date 1985-06-28 English

Contents

Majority

p. 790
The People of the State of New York, Respondent, v Felipe Cantre, Appellant.
Argued June 4, 1985;
decided June 28, 1985
p. 792
APPEARANCES OF COUNSEL
Paul H. Senzer for appellant.
Elizabeth Holtzman, District Attorney (Janet M. Berk and Barbara D. Underwood of counsel), for respondent.

OPINION OF THE COURT

Order affirmed. For the reasons stated in the opinion by Presiding Justice Milton Mollen at the Appellate Division ( 95 AD2d 522 ), we agree that the Aguilar-Spinelli test was met. It is not necessary to pass upon the applicability of the Illinois v Gates test ( 462 US 213 ).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Boomer.[1] Taking no part: Judge Titone.

* Designated pursuant to NY Constitution, article VI, § 2.

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