People v. Kitt

Full title: The People of the State of New York, Respondent, v. Terrell Kitt…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 13, 2016

2016 N.Y. Slip Op. 8332 (N.Y. App. Div. 2016)

Opinion

2460 3561N/13

12-13-2016

The People of the State of New York, Respondent, v. Terrell Kitt, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Julia P. Cohen of counsel), for respondent.

Tom, J.P., Friedman, Saxe, Feinman, Kahn, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Julia P. Cohen of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered September 16, 2014, as amended November 5, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of eight years, unanimously affirmed.

We find that the court properly denied defendant's motion challenging a search warrant. We have reviewed the unredacted search warrant affidavit, and we conclude that it clearly established probable cause (see People v Salas, 29 AD3d 451 [1st Dept 2006], lv denied 7 NY3d 794 [2006]).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 13, 2016

CLERK