neighborhood bar in New York

1980Marcus v New York, 409 US 1027 .) It must be stressed that the "basis of knowledge” prong addresses the trustworthiness of the information supplied (Aguilar v Texas, 378 US 108, 113-115 , supra; People v Hanlon, 36 NY2d 549, 556 , supra), and no more accurate gauge of trustworthiness exists than the extent of detail contained in a reliable informant’s tip and the degree to which that detail is translated into observable conduct.

1980Marcus v New York, 409 US 1027 .) It must be stressed that the "basis of knowledge” prong addresses the trustworthiness of the information supplied (Aguilar v Texas, 378 US 108, 113-115 , supra; People v Hanlon, 36 NY2d 549, 556 , supra), and no more accurate gauge of trustworthiness exists than the extent of detail contained in a reliable informant’s tip and the degree to which that detail is translated into observable conduct.

1980Marcus v New York, 409 US 1027 .) It must be stressed that the "basis of knowledge” prong addresses the trustworthiness of the information supplied (Aguilar v Texas, 378 US 108, 113-115 , supra; People v Hanlon, 36 NY2d 549, 556 , supra), and no more accurate gauge of trustworthiness exists than the extent of detail contained in a reliable informant’s tip and the degree to which that detail is translated into observable conduct.

1979The detail of the information furnished to the police officer by the informer in this case is remarkably similar to the detail provided by the informer in the benchmark case of Draper v United States ( 358 US 307 ).

1979As then Chief Judge Fuld stated in People v Wheatman ( 29 NY2d 337, 345-346 , supra), quoting from Spi nelli v United States ( 393 US 410, 416 , supra), the conclusion that a crime has been committed must rest on " 'something more substantial than a casual rumor circulating in the underworld * * * [or] * * * an offhand remark heard at a neighborhood bar.’ ” Furthermore, although the independent observations of the police were as consistent with innocent behavior as with the criminal activity, they nonetheless corroborated the information received (People v Kinlock, 55 AD2d 627, affd 43 NY2d 83

1979As then Chief Judge Fuld stated in People v Wheatman ( 29 NY2d 337, 345-346 , supra), quoting from Spi nelli v United States ( 393 US 410, 416 , supra), the conclusion that a crime has been committed must rest on " 'something more substantial than a casual rumor circulating in the underworld * * * [or] * * * an offhand remark heard at a neighborhood bar.’ ” Furthermore, although the independent observations of the police were as consistent with innocent behavior as with the criminal activity, they nonetheless corroborated the information received (People v Kinlock, 55 AD2d 627, affd 43 NY2d 83

1978(Town of Mount Pleasant v Van Tassell, 7 Misc 2d 643 , affd 6 AD2d 880 , supra.) Defendant asserts its alleged priority of occupation in the neighborhood as a defense to this action.

1978(Town of Mount Pleasant v Van Tassell, 7 Misc 2d 643 , affd 6 AD2d 880 , supra.) Defendant asserts its alleged priority of occupation in the neighborhood as a defense to this action.

1976As aptly observed in Smith v United States (358 F2d 833, 837 [Burger, J.], cert den 386 US 1008 ), "probable cause is the sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers.

1970The defendant’s next constitutional argument is that the subject of excessive noise regulation is pre-empted by section 240.45 of the Penal Law (Criminal nuisance) under the reasoning laid out by this court in the “ Topless case ” (People v. Conte, 64 Misc 2d 573 ).

1970The Appellate Division, First Department upheld the decision of the Supreme Court at Special Term ( 171 Misc. 441 ) that there were noises incidental to the playing of outdoor music by the defendant’s orchestra which disturbed the peace of the neighborhood in violation of section 435-5.0 of the Administrative Code of the City of New York.