People v. Maye, 43 A.D.3d 556 (N.Y. App. Div. 2007). · Go Syfert
People v. Maye, 43 A.D.3d 556 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Zirpola
N.Y. App. Div. · 2019 · confidence medium
The testimony at the hearing established that the CI, who had provided accurate information on approximately 50 prior occasions, was reliable ( see People v Rodriguez , 52 NY2d 483, 489 [1981]; People v Maye , 43 AD3d 556, 557 [2007], mod 12 NY3d 961 [2009]).
discussed Cited as authority (rule) People v. Demps
N.Y. App. Div. · 2014 · confidence medium
Evidence of uncharged crimes is inadmissible as proof of the crime charged or of a propensity to commit a particular crime, hut such evidence may be admitted to show a defendant’s intent, particularly where the defendant has put his or her intent at issue (see People v Wilson, 100 AD3d at 1047; People v Sudler, 75 AD3d 901, 905 [2010], lv denied 15 NY3d 956 [2010]; People v Maye, 43 AD3d 556, 558 [2007], mod 12 NY3d 731 [2009]; People v Wright, 5 AD3d 873, 875 [2004], lv denied 3 NY3d 651 [2004]).
discussed Cited as authority (rule) People v. Demps
N.Y. App. Div. · 2014 · confidence medium
Evidence of uncharged crimes is inadmissible as proof of the crime charged or of a propensity to commit a particular crime, hut such evidence may be admitted to show a defendant’s intent, particularly where the defendant has put his or her intent at issue (see People v Wilson, 100 AD3d at 1047; People v Sudler, 75 AD3d 901, 905 [2010], lv denied 15 NY3d 956 [2010]; People v Maye, 43 AD3d 556, 558 [2007], mod 12 NY3d 731 [2009]; People v Wright, 5 AD3d 873, 875 [2004], lv denied 3 NY3d 651 [2004]).
cited Cited as authority (rule) People v. Sudler
N.Y. App. Div. · 2010 · confidence medium
Thus, the evidence was more probative than prejudicial (see People v Maye, 43 AD3d 556, 558 [2007], mod 12 NY3d 731 [2009]; People v Reid, 12 AD3d 719, 720-721 [2004], lv denied 4 NY3d 767 [2005]).
discussed Cited "see" People v. Lowman
N.Y. App. Div. · 2008 · signal: see · confidence high
A strip search of a defendant is justified if the police have “ ‘a reasonable suspicion that the arrestee is concealing weapons or other contraband based on the crime charged, the particular characteristics of the arrestee, and/or the circumstances of the arrest’ ” (People v Kelley, 306 AD2d 699, 700 [2003], lv denied 1 NY3d 598 [2004], quoting Weber v Dell, 804 F2d 796, 802 [1986], cert denied 483 US 1020 [1987]; see People v Maye, 43 AD3d 556, 558 [2007]; People v Taylor, 294 AD2d 825, 827 [2002]).
discussed Cited "see, e.g." People v. Porter
N.Y. App. Div. · 2012 · signal: see also · confidence medium
Figel and Bovee, defendant’s parole officer, intended to search defendant based upon the Cl’s tip indicating both that defendant was in violation of his 9:00 p.m. curfew and that he was carrying a gun. * The Cl’s basis of knowledge and moderate indicia of the tip’s reliability were adequately demon strated, for the purpose of establishing reasonable suspicion, by Figel’s testimony regarding the police corroboration of the details of the Cl’s tip and that the Cl had given him accurate, credible information at least five times in the weeks prior to defendant’s arrest (see People v …
discussed Cited "see, e.g." People v. Porter
N.Y. App. Div. · 2012 · signal: see also · confidence medium
Figel and Bovee, defendant’s parole officer, intended to search defendant based upon the Cl’s tip indicating both that defendant was in violation of his 9:00 p.m. curfew and that he was carrying a gun. * The Cl’s basis of knowledge and moderate indicia of the tip’s reliability were adequately demon strated, for the purpose of establishing reasonable suspicion, by Figel’s testimony regarding the police corroboration of the details of the Cl’s tip and that the Cl had given him accurate, credible information at least five times in the weeks prior to defendant’s arrest (see People v …
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Tyrone Maye
Appellate Division of the Supreme Court of the State of New York.
Aug 9, 2007.
43 A.D.3d 556
Carpinello.
Cited by 8 opinions  |  Published
Carpinello, J.

Appeal from a judgment of the County Court of Warren County (Hall, J.), rendered May 10, 2006, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree (two counts), criminal[*557] possession of a controlled substance in the fifth degree, criminal use of drug paraphernalia in the second degree and promoting prison contraband in the first degree.

Based upon information supplied to police by a confidential informant, defendant was arrested without a warrant and transported to a local police station. He was then found to be in possession of cocaine, a large amount of cash and a small scale. Upon thereafter being transferred to a local correctional facility, heroin was recovered from his sock. Following unsuccessful motions to suppress all physical evidence, defendant was found guilty by a jury of various drug-related offenses, as well as promoting prison contraband in the first degree. He appeals and we now affirm.

Defendant initially argues that the police lacked probable cause to arrest him and therefore all evidence seized should have been suppressed. We are unpersuaded. There is no dispute that the warrantless arrest of defendant stemmed from information provided to police from the confidential informant that defendant was selling cocaine and heroin out of the confidential informant’s own home. Testimony at the suppression hearing established that this confidential informant had proven to be rehable in at least 20 previous drug investigations (see People v Mondolfi, 221 AD2d 726 [1995], lv denied 88 NY2d 882 [1996]). Moreover, he had direct knowledge of defendant’s recent drug sales because he personally observed him doing so out of his own home (see e.g. People v Manila, 299 AD2d 664, 665 [2002], lv denied 99 NY2d 617 [2003]; People v Smalls, 271 AD2d 754, 755 [2000], lv denied 95 NY2d 804 [2000]; People v Williams, 243 AD2d 761, 762 [1997]; People v Mondolfi, supra-, see generally People v Bigelow, 66 NY2d 417, 423 [1985]). Under these circumstances, the two-pronged Aguilar-Spinelli test—basis of knowledge and reliability (see People v Johnson, 66 NY2d 398, 402 [1985]; People v Rodriguez, 52 NY2d 483, 489 [1981])—was satisfied and defendant’s motion to suppress on this ground was properly denied.

We are also unpersuaded that drugs retrieved from defendant’s body following a strip search inside the police station should have been suppressed. Evidence at the suppression hearing established that, pursuant to a prearranged plan, the confidential informant and defendant were driving to a fictitious drug sale when their vehicle was pulled over by police. While a pat-down search at the scene produced no drugs, the police were thereafter informed by the confidential informant that defendant had put them down his pants upon seeing the police car behind them. Thus, while at the police station, defen[*558] dant was taken to a private room where his pants and underwear were removed. At this time, a plastic bag containing a white substance, later determined to be cocaine, was immediately and readily observed between the cheeks of his buttocks. Based on this evidence, we find that the search inside a private room at the police station was conducted in a reasonable manner (cf People v More, 97 NY2d 209 [2002]; People v Mitchell, 2 AD3d 145 [2003]) and was justified by a reasonable suspicion that defendant possessed drugs (see People v Banks, 38 AD3d 938, 940 [2007]; People v Walker, 27 AD3d 899, 900-901 [2006], lv denied 7 NY3d 764 [2006]; People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]; see generally People v Kelley, 306 AD2d 699, 700-701 [2003], lv denied 1 NY3d 598 [2004]). Consequently, County Court properly denied defendant’s motion to suppress the cocaine.

We further reject defendant’s argument that County Court abused its discretion in admitting evidence of his prior uncharged bad acts, namely, drug sales out of the confidential informant’s home shortly before his arrest. This evidence was relevant to establish defendant’s intent to sell (an element of certain of the charged crimes), which was indeed placed at issue (see People v Wright, 5 AD3d 873, 875-876 [2004], Iv denied 3 NY3d 651 [2004]), as well as to provide necessary background information regarding the informant’s role in the investigation (see People v Reid, 12 AD3d 719, 720-721 [2004], lv denied 4 NY3d 767 [2005]). We further find that its probative value outweighed its prejudicial impact (see People v Alvino, 71 NY2d 233, 242 [1987]) and note that County Court gave sufficient cautionary instructions on the limited purpose for which it was to be considered (see People v Buckery, 20 AD3d 821, 823-824 [2005], lv denied 5 NY3d 826 [2005]).

Defendant’s remaining contentions, including his argument that all sentences should have run concurrently, have been reviewed and determined to be without merit.

Crew III, J.E, Peters, Mugglin and Kane, JJ, concur. Ordered that the judgment is affirmed.