Opinion
776
April 18, 2002.
Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J. at suppression hearing; Charles Solomon, J. at plea and sentence), rendered September 13, 2000, convicting defendant of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.
MARY C. FARRINGTON, for respondent.
STEVEN N. FEINMAN, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Rosenberger, Ellerin, Marlow, JJ.
Defendant's suppression motion was properly denied. Probable cause for defendant's arrest was established by the principal informant's statements, which were clearly based on his personal observations. The requirement of reliability was satisfied because these statements contained significant declarations against penal interest (see, People v. Johnson, 66 N.Y.2d 398, 403-404), and were amply corroborated by "information obtained from a source other than the informant's statement" (People v. DiFalco, 80 N.Y.2d 693, 698; see also, People v. Calise, 256 A.D.2d 64, lv denied 93 N.Y.2d 851), including information obtained from two eyewitnesses and from police investigation.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.