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PEOPLE v. DIFALCO

80 N.Y.2d 693 (1993)

The People of the State of New York, Respondent, v. Dominic J. DiFalco, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1993.

Attorney(s) appearing for the Case

Murray and Williams, Batavia (Thomas D. Williams of counsel), for appellant.

Robert C. Noonan, District Attorney of Genesee County, Batavia (Lawrence Friedman of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, BELLACOSA and SMITH concur.

HANCOCK, JR., J.

Based on information provided by an identified person, the police stopped the car defendant was driving, arrested defendant and a passenger, and seized cocaine found inside the car. The issue here is whether the veracity component of the Aguilar/Spinelli test for the adequacy of probable cause may — as indicated in People v Elwell (50 N.Y.2d 231

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