People v. Flowers, 59 A.D.3d 1141 (N.Y. App. Div. 2009). · Go Syfert
People v. Flowers, 59 A.D.3d 1141 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Jones (nyappdiv, 2024-02-09)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2024 · confidence medium
We further conclude that "the hearsay information supplied in the search warrant application satisfied the two prongs of the Aguilar-Spinelli test and that the search warrant[s] w[ere] issued upon probable cause" ( People v Mitchum , 130 AD3d 1466, 1468 [4th Dept 2015]; see People v Monroe , 82 AD3d 1674 , 1675 [4th Dept 2011], lv denied 17 NY3d 808 [2011]; People v Flowers , 59 AD3d 1141, 1142-1143 [4th Dept 2009]).
discussed Cited as authority (rule) People v. Conway
N.Y. App. Div. · 2023 · confidence medium
It is well settled that a search warrant may be issued only "upon a showing of probable cause to believe that a crime has occurred, is occurring, or is about to occur" ( People v Moxley , 137 AD3d 1655, 1656 [4th Dept 2016]; see generally People v Mercado , 68 NY2d 874, 875-876 [1986], cert denied 479 US 1095 [1987]) and where there is sufficient evidence from which to form a reasonable belief that evidence of the crime may be found inside the location sought to be searched ( see People v Bigelow , 66 NY2d 417, 423 [1985]; People v Pitcher , 199 AD3d 1493, 1493 [4th Dept 2021]) . "[P]robable c…
discussed Cited as authority (rule) People v. Heath
N.Y. App. Div. · 2023 · confidence medium
"Thus, '[a] police officer who can articulate credible facts establishing reasonable cause to believe that someone has violated a law has established a reasonable basis to effectuate a [traffic] stop' " ( id. , quoting People v Robinson , 97 NY2d 341, 353-354 [2001]). "[P]robable cause may be supplied, in whole or in part, [by] hearsay information, provided [that] it satisfies the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted" ( People v Flowers , 59 AD3d 1141, 1142 [4th Dept 2009] [internal quotation…
discussed Cited as authority (rule) People v. Herron
N.Y. App. Div. · 2021 · confidence medium
The information in the application concerning the informant failed to "satisf[y] the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted" ( People v Flowers , 59 AD3d 1141, 1142 [4th Dept 2009] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s further contention, we conclude that the warrant application was facially sufficient inasmuch as the supporting affidavit established that the informant was reliable and had a basis of knowledge for the information imparted to the police (see generally People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]; People v Perron, 248 AD2d 962, 963 [1998], lv denied 92 NY2d 879 [1998]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s further contention, we conclude that the warrant application was facially sufficient inasmuch as the supporting affidavit established that the informant was reliable and had a basis of knowledge for the information imparted to the police (see generally People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]; People v Perron, 248 AD2d 962, 963 [1998], lv denied 92 NY2d 879 [1998]).
discussed Cited as authority (rule) BAPTISTA, ANDRE, PEOPLE v
N.Y. App. Div. · 2015 · confidence medium
“It is well settled that probable cause may be supplied, in whole or in part, [by] hearsay information, provided [that] it satisfies the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted” (People v Flowers, 59 AD3d 1141, 1142 [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Baptista
N.Y. App. Div. · 2015 · confidence medium
“It is well settled that probable cause may be supplied, in whole or in part, [by] hearsay information, provided [that] it satisfies the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted” (People v Flowers, 59 AD3d 1141, 1142 [2009] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Baptista
N.Y. App. Div. · 2015 · confidence medium
“It is well settled that probable cause may be supplied, in whole or in part, [by] hearsay information, provided [that] it satisfies the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted” (People v Flowers, 59 AD3d 1141, 1142 [2009] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Mitchum
N.Y. App. Div. · 2015 · confidence medium
We further conclude that the hearsay information supplied in the search warrant application satisfied the two prongs of the Aguilar-Spinelli test and that the search warrant was issued upon probable cause (see People v Monroe, 82 AD3d 1674, 1675 [2011], lv denied 17 NY3d 808 [2011]; People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]).
discussed Cited as authority (rule) People v. Mitchum
N.Y. App. Div. · 2015 · confidence medium
We further conclude that the hearsay information supplied in the search warrant application satisfied the two prongs of the Aguilar-Spinelli test and that the search warrant was issued upon probable cause (see People v Monroe, 82 AD3d 1674, 1675 [2011], lv denied 17 NY3d 808 [2011]; People v Flowers, 59 AD3d 1141, 1142-1143 [2009]; People v Hernandez, 262 AD2d 1032, 1032 [1999], lv denied 94 NY2d 863 [1999]).
discussed Cited as authority (rule) Monroe v. Rabsatt
W.D.N.Y. · 2015 · confidence medium
Where hearsay information forms at least in part the basis for probable cause, the information must satisfy “ ‘the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted’ ” (People v. Flowers, 59 A.D.3d 1141, 1142 [ 873 N.Y.S.2d 413 (2009) ]).
discussed Cited as authority (rule) People v. Hiraeta
N.Y. App. Div. · 2014 · confidence medium
Contrary to the hearing court’s determination, the information contained in the statement did not constitute pedigree information under the circumstances of this case (see People v Rodney, 85 NY2d 289, 292-294 [1995]; cf. Rosa v McCray, 396 F3d 210, 222 [2d Cir 2005]; People v Flowers, 59 AD3d 1141, 1143 [2009]; People v Acevedo, 258 AD2d 140, 143 [1999]; People v Ennis, 197 AD2d 404 [1993]).
discussed Cited as authority (rule) People v. Hiraeta
N.Y. App. Div. · 2014 · confidence medium
Contrary to the hearing court’s determination, the information contained in the statement did not constitute pedigree information under the circumstances of this case (see People v Rodney, 85 NY2d 289, 292-294 [1995]; cf. Rosa v McCray, 396 F3d 210, 222 [2d Cir 2005]; People v Flowers, 59 AD3d 1141, 1143 [2009]; People v Acevedo, 258 AD2d 140, 143 [1999]; People v Ennis, 197 AD2d 404 [1993]).
discussed Cited as authority (rule) People v. Ellison
N.Y. App. Div. · 2013 · confidence medium
Defendant also contends that the People failed to meet their burden of establishing that there was probable cause to arrest him because the arrest was based upon information received in a call from Macy’s security personnel that did not satisfy the Aguilar-Spinelli test, which requires “ ‘a showing that the informant is reliable and has a basis of knowledge for the information imparted’ ” (People v Flowers, 59 AD3d 1141, 1142 [2009]).
discussed Cited as authority (rule) People v. Ellison
N.Y. App. Div. · 2013 · confidence medium
Defendant also contends that the People failed to meet their burden of establishing that there was probable cause to arrest him because the arrest was based upon information received in a call from Macy’s security personnel that did not satisfy the Aguilar-Spinelli test, which requires “ ‘a showing that the informant is reliable and has a basis of knowledge for the information imparted’ ” (People v Flowers, 59 AD3d 1141, 1142 [2009]).
discussed Cited as authority (rule) People v. Monroe
N.Y. App. Div. · 2011 · confidence medium
Where hearsay information forms at least in part the basis for probable cause, the information must satisfy “ ‘the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted’ ” (People v Flowers, 59 AD3d 1141, 1142 [2009]).
discussed Cited as authority (rule) People v. Henry
N.Y. App. Div. · 2010 · confidence medium
We thus conclude that the People satisfied both prongs of the Aguilar-Spinelli test by establishing that the confidential informants were reliable and had a basis of knowledge for the information they provided (see People v Flowers, 59 AD3d 1141, 1142 [2009]).
discussed Cited as authority (rule) People v. Glanton
N.Y. App. Div. · 2010 · confidence medium
We therefore conclude that the plea in appeal No. 1 must be vacated “[i]nasmuch as the erroneous suppression ruling may have affected defendant’s decision to plead guilty” (People v Flowers, 59 AD3d 1141, 1143 [2009]; see generally People v Grant, 45 NY2d 366, 379-380 [1978]).
discussed Cited as authority (rule) People v. Norman
N.Y. App. Div. · 2009 · confidence medium
Where hearsay information forms at least in part the basis for probable cause, the information must satisfy “ ‘the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted’ ” (People v Flowers, 59 AD3d 1141, 1142 [2009]; see People v Rios, 11 AD3d 641, 642 [2004], lv denied 4 NY3d 747 [2004]).
discussed Cited "see" People v. Pitcher
N.Y. App. Div. · 2021 · signal: see · confidence high
"It is well settled that a search warrant may be issued only upon a showing of probable cause to believe that a crime has occurred, is occurring, or is about to occur" ( People v Moxley , 137 AD3d 1655, 1656 [4th Dept 2016]; see generally People v Mercado , 68 NY2d 874, 875-876 [1986], cert denied 479 US 1095 [1987]), and where there is sufficient evidence from which to form a reasonable belief that evidence of the crime may be found inside the location sought to be searched ( see People v Bigelow , 66 NY2d 417, 423 [1985]). "[P]robable cause may be supplied, in whole or in part, [by] hearsay …
discussed Cited "see" People v. Harlow
N.Y. App. Div. · 2021 · signal: see · confidence high
We reject that contention. "[A] search warrant may be issued only upon a showing of probable cause to believe that a crime has occurred, is occurring, or is about to occur" ( People v Moxley , 137 AD3d 1655, 1656 [4th Dept 2016]; see generally People v Mercado , 68 NY2d 874, 875-876 [1986], cert denied 479 US 1095 [1987]). "[P]robable cause may be supplied, in whole or in part, [by] hearsay information, provided [that] it satisfies the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted" ( People v Flowers …
discussed Cited "see" People v. Walker
N.Y. App. Div. · 2015 · signal: see · confidence high
It is undisputed that defendant was in custody when he was handcuffed by the first officer and then escorted by the second officer to be placed in the police car (see People v Evans, 294 AD2d 918, 919 [2002], lv dismissed 98 NY2d 768 [2002]; People v Sanchez, 280 AD2d 891, 891 [2001], lv denied 96 NY2d 806 [2001]; see generally People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1980]), and that defendant was subjected to pr e-Miranda interrogation because his initial admission was made in response to a question by the second officer regarding ownership of the gun that was “ ‘r…
discussed Cited "see" WALKER, KENNEDY D., PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
It is undisputed that defendant was in custody when he was handcuffed by the first officer and then escorted by the second officer to be placed in the police car (see People v Evans, 294 AD2d 918, 919 , lv dismissed 98 NY2d 768 ; People v Sanchez, 280 AD2d 891, 891 , lv denied 96 NY2d 806 ; see generally People v Yukl, 25 NY2d 585, 589 , cert denied 400 US 851 ), and that defendant was subjected to pre-Miranda interrogation because his initial admission was made in response to a question by the second officer regarding ownership of the gun that was “ ‘reasonably likely to elicit an incrimi…
discussed Cited "see" People v. Walker
N.Y. App. Div. · 2015 · signal: see · confidence high
It is undisputed that defendant was in custody when he was handcuffed by the first officer and then escorted by the second officer to be placed in the police car (see People v Evans, 294 AD2d 918, 919 [2002], lv dismissed 98 NY2d 768 [2002]; People v Sanchez, 280 AD2d 891, 891 [2001], lv denied 96 NY2d 806 [2001]; see generally People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1980]), and that defendant was subjected to pr e-Miranda interrogation because his initial admission was made in response to a question by the second officer regarding ownership of the gun that was “ ‘r…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Phillip Flowers
Appellate Division of the Supreme Court of the State of New York.
Feb 11, 2009.
59 A.D.3d 1141
Cited by 31 opinions  |  Published

[*1142] Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered September 2, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, that part of the motion seeking to suppress defendant’s statements made to the police during the execution of the search warrant is granted and the matter is remitted to Monroe County Court for further proceedings on the indictment.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]), defendant contends that the search warrant in question was not issued upon probable cause and that County Court therefore erred in refusing to suppress physical evidence seized during the execution of the search warrant. We reject that contention. It is well settled that “probable cause may be supplied, in whole or in part, [by] hearsay information, provided [that] it satisfies the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted” (People v Bahr, 35 AD3d 909, 910 [2006], lv denied 8 NY3d 919 [2007] [internal quotation marks omitted]; see People v Parris, 83 NY2d 342, 346 [1994]). Here, probable cause for the search warrant was supplied by the firsthand knowledge of an experienced confidential informant whose reliability was established based on his previous participation in three controlled buys of cocaine from the residence that was the subject of the search warrant. Moreover, the confidential informant met with police officers immediately before and after the prior controlled buys. We thus conclude that the People satisfied both prongs of the Aguilar-Spinelli test (see People v [*1143] Johnson, 66 NY2d 398, 403 [1985]; cf. People v Elwell, 50 NY2d 231, 237-242 [1980]).

We agree with defendant, however, that the court erred in refusing to suppress his statements made to the police during the execution of the search warrant. At that time, a narcotics officer asked defendant how much cash he had in his pockets, and defendant responded that he had approximately $600. The police then found over $600 on defendant’s person. Defendant was subsequently asked by the narcotics officer if he was the owner of $60 found in the kitchen of the residence that was the subject of the search warrant. Defendant denied ownership of the $60 at that time. When the narcotics officer later asked him the same question, defendant again denied ownership of the $60. According to the testimony of the narcotics officer at the suppression hearing, however, defendant also stated that “the only thing that was his was that weed” and that he “just sold weed.” At the time of those statements, defendant was handcuffed and had not been advised of his Miranda rights.

We conclude that those statements should have been suppressed. Contrary to the People’s contention, they were not made in response to a routine processing question {cf. People v Rodney, 85 NY2d 289, 293-294 [1995]; People v Langston, 243 AD2d 728 [1997], Iv denied 91 NY2d 875 [1997]). Rather, we note that “the People may not rely on the pedigree exception if the question [ ], though facially appropriate, [is] likely to elicit incriminating admissions because of the circumstances of the particular case” {Rodney, 85 NY2d at 293; see Pennsylvania v Muniz, 496 US 582, 602 n 14 [1990]). Here, the narcotics officer testified at the suppression hearing that he questioned defendant for the purpose of completing a form that was required in the event of “an arrest for narcotics” (emphasis added). Cash indisputably plays a significant role as circumstantial evidence in narcotics cases {see e.g. People v Sykes, 47 AD3d 501 [2008], Iv denied 10 NY3d 817 [2008]; People v Gadsden, 192 AD2d 1103 [1993], Iv denied 82 NY2d 718 [1993]; People v Orta, 184 AD2d 1052, 1054-1055 [1992]), however, and we conclude that “an objective observer with the same knowledge concerning the suspect as the police had would conclude that the [question of the narcotics officer concerning the ownership of cash found in the kitchen during the execution of the search warrant] was reasonably likely to elicit [an incriminating] response” {People v Ferro, 63 NY2d 316, 319 [1984], cert denied 472 US 1007 [1985]; see People v Marrow, 301 AD2d 673, 675-676 [2003]). Inasmuch as the erroneous suppression ruling may have affected defendant’s decision to plead guilty, we conclude that the plea must[*1144] be vacated (see People v Brinson, 186 AD2d 1063 [1992]). Present — Hurlbutt, J.E, Martoche, Fahey and Gorski, JJ.