Opinion
17096 Ind. No. 3324/16 Case No. 2019–1668
01-12-2023
The PEOPLE of the State of New York, Respondent, v. Anthony ESQUILIN, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Iván B. Pantoja of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Iván B. Pantoja of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Kern, J.P., Oing, Scarpulla, Pitt–Burke, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered January 30, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a firearm, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.
Although the record does not establish a valid appeal waiver, we reject defendant's suppression claims on the merits. The court providently exercised its discretion in issuing a protective order permitting redaction of the supporting affidavit of a search warrant application. The requisite good cause could be readily inferred from the People's submissions, which the court implicitly accepted, and defendant has not shown that he was deprived of facts necessary to meaningfully contest the warrant (see generally People v. Castillo, 80 N.Y.2d 578, 582–585, 592 N.Y.S.2d 945, 607 N.E.2d 1050 [1992], cert denied 507 U.S. 1033, 113 S.Ct. 1854, 123 L.Ed.2d 477 [1993] ).
Furthermore, upon our in camera review of the search warrant materials, including the search warrant application, the police officer's supporting affidavit, and the testimony of the officer and the confidential informant before the warrant-issuing court, we find that there was probable cause to issue the warrant.