Opinion
2018-14637 Ind. 976/17
06-09-2021
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.
Submitted - May 6, 2021
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.
REINALDO E. RIVERA, J.P. ROBERT J. MILLER BETSY BARROS VALERIE BRATHWAITE NELSON, JJ.
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 A.D.3d 574, 575; see People v Hanlon, 36 N.Y.2d 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 A.D.3d at 575; see People v Bigelow, 66 N.Y.2d 417, 423). Contrary to the defendant's contention, there was probable cause to issue the subject search warrant (see People v Bigelow, 66 N.Y.2d at 423; People v Williams, 249 A.D.2d 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 A.D.3d 1245, 1245-1246).
RIVERA, J. P, MILLER, BARROS and BRATHWAITE NELSON, JJ, concur