Opinion
2017–05510 Ind. No. 1109/16
07-17-2019
The PEOPLE, etc., Respondent, v. Dearon ALIZE, Appellant.
Robert DiDio, Kew Gardens, NY, for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel), for respondent.
Robert DiDio, Kew Gardens, NY, for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
We agree with the Supreme Court's denial, without a hearing, of that branch of the defendant's omnibus motion which was to controvert a search warrant issued by the court. Contrary to the defendant's contention, he failed to make the necessary substantial preliminary showing that the warrant was based upon an affidavit containing false statements made knowingly or intentionally, or with reckless disregard for the truth (see People v. Kelly, 151 A.D.3d 751, 752, 55 N.Y.S.3d 445 ; People v. Moshier, 110 A.D.3d 832, 833, 972 N.Y.S.2d 675 ).
We agree with the Supreme Court's denial of the defendant's request for a Darden hearing (see People v. Darden, 34 N.Y.2d 177, 356 N.Y.S.2d 582, 313 N.E.2d 49 ). The defendant never challenged the existence of the confidential informant or the accuracy of the police officer's statements as to what the informant had told him. The defendant challenged only the informant's reliability, which does not implicate the purpose of Darden (see People v. Edwards, 95 N.Y.2d 486, 494, 719 N.Y.S.2d 202, 741 N.E.2d 876 ; People v. Reynoso, 295 A.D.2d 156, 157, 744 N.Y.S.2d 7 ).
The defendant's remaining contentions are without merit.
MASTRO, J.P., BALKIN, DUFFY and CONNOLLY, JJ., concur.