Opinion
10836 Ind. 4158N/13
01-23-2020
The PEOPLE of the State of New York, Respondent, v. Charles EVANS, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Kern, Oing, Gonza´lez, JJ.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered June 21, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.
Based on our review of the record, including our in camera review of sealed or redacted materials, we find no basis on which to controvert the search warrant at issue or to grant any other relief. The record establishes a proper basis for minimal redactions to the search warrant application and sealing of the minutes of the examination of a confidential informant by the issuing judge (see People v. Castillo, 80 N.Y.2d 578, 583–584, 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] ). The record further establishes probable cause for the issuance of the warrant (see id. at 585, 592 N.Y.S.2d 945, 607 N.E.2d 1050 ). The motion court was able to review the transcript of the issuing judge's examination of the informant, and no further proceedings on the motion were necessary under the circumstances (see People v. Serrano, 93 N.Y.2d 73, 76–77, 688 N.Y.S.2d 90, 710 N.E.2d 655 [1999] ).
We perceive no basis for reducing the sentence.