Opinion
Argued June 4, 1985
Decided June 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Eugene Schwartzwald, J.
Paul H. Senzer for appellant.
Elizabeth Holtzman, District Attorney ( Janet M. Berk and Barbara D. Underwood of counsel), for respondent.
Order affirmed. For the reasons stated in the opinion by Presiding Justice Milton Mollen at the Appellate Division ( 95 A.D.2d 522), we agree that the Aguilar-Spinelli test was met. It is not necessary to pass upon the applicability of the Illinois v Gates test ( 462 U.S. 213).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and BOOMER. Taking no part: Judge TITONE.
Designated pursuant to N Y Constitution, article VI, § 2.