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People v. Bryant

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 9, 2021
2021 N.Y. Slip Op. 3603 (N.Y. App. Div. 2021)

Opinion

2018-14637

06-09-2021

The People of the State of New York, respondent, v. Uriel Bryant, appellant.

Paul Skip Laisure, New York, NY (David L. Goodwin of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, and Daniel Rosenblum of counsel), for respondent.


ROBERT J. MILLER BETSY BARROS VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 976/17)

Paul Skip Laisure, New York, NY (David L. Goodwin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, and Daniel Rosenblum of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sharen D. Hudson, J.), rendered October 24, 2018, convicting him of criminal possession of a firearm (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial (Suzanne M. Mondo, J.), without a hearing, of the defendant's motion, inter alia, to controvert a search warrant and to suppress evidence obtained in the execution thereof.

ORDERED that the judgment is affirmed.

"There is a strong judicial preference for search warrants" (People v Corr, 28 AD3d 574, 575; see People v Hanlon, 36 NY2d 549, 558). "The search warrant application must provide the court with sufficient information to support a reasonable belief that evidence of illegal activity will be present at the specific time and place of the search" (People v Corr, 28 AD3d at 575; see People v Bigelow, 66 NY2d 417, 423). Contrary to the defendant's contention, there was probable cause to issue the subject search warrant (see People v Bigelow, 66 NY2d at 423; People v Williams, 249 AD2d 343, 344).

Additionally, the Supreme Court properly found that the redactions to the search warrant application and hearing minutes were necessary to protect the anonymity of the confidential informant and to protect him or her from danger (see People v Hedrington, 186 AD3d 1245, 1245-1246).

RIVERA, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Bryant

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 9, 2021
2021 N.Y. Slip Op. 3603 (N.Y. App. Div. 2021)
Case details for

People v. Bryant

Case Details

Full title:The People of the State of New York, respondent, v. Uriel Bryant…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jun 9, 2021

Citations

2021 N.Y. Slip Op. 3603 (N.Y. App. Div. 2021)