People v. Lowe, 906 N.E.2d 1057 (NY 2009). · Go Syfert
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People v. Lowe, 906 N.E.2d 1057 (NY 2009). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Hightower (nyappdiv, 2022-07-08)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" People v. Hightower
N.Y. App. Div. · 2022 · signal: see · confidence high
Further, having reviewed the transcript from the Darden hearing, we conclude that "the confidential informant's basis of knowledge was sufficiently established at the in camera Darden hearing" ( People v Mitchum , 130 AD3d 1466 , 1468 [4th Dept 2015]) inasmuch as "the information from the informant, in its totality, 'provided ample basis to conclude that the informant had a basis for his or her knowledge that defendant was in possession of' " drugs ( People v Knight , 94 AD3d 1527 , 1529 [4th Dept 2012], lv denied 19 NY3d 998 [2012]; see People v Lowe , 50 AD3d 516, 516 [1st Dept 2008], affd 1…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Richard Lowe, Appellant
New York Court of Appeals.
Mar 26, 2009.
906 N.E.2d 1057
APPEARANCES OF COUNSEL, Legal Aid Society, New York City (Amy Donner and Steven Banks of counsel), for appellant., Robert M. Morgenthau, District Attorney, New York City (Marc Krupnick and Alan Gadlin of counsel), for respondent.
Cited by 10 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

[*769] The lower courts’ determinations of probable cause, a mixed question of law and fact, are supported by the minutes of the in camera hearing conducted pursuant to People v Darden (34 NY2d 177 [1974]), and are thus beyond our further review. Accordingly, defendant’s motion to suppress was properly denied.

We have considered defendant’s remaining contentions and find them to be without merit.

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking no part.

Order affirmed in a memorandum.