People v. Parris

In People v. Parris (83 NY2d 342) the Court of Appeals concluded that an arrest made by a police officer based on hearsay information imparted by a fellow officer and attributed to an eyewitness was unlawful under the "basis-of-knowledge prong of Aguilar-Spinelli" and thus was not based on the requisite probable cause (id. at 349-350). In so concluding, the Court reasoned that "the suppression court was relegated to reliance upon the hearsay information imparted to the arresting officer, and that officer's conclusory characterization of the neighbor/informant as an eyewitness,' in order to determine the reliability of the information claimed to have established probable cause. This, however, is precisely what the Aguilar-Spinelli standard was designed to avoid" (id. at 350).