Opinion
March 11, 1985
Appeal from the Supreme Court, Kings County (Ryan, J.).
Judgment affirmed.
Contrary to defendant's assertion, the detective's application for a search warrant provided sufficient information to support the issuing magistrate's determination that there was probable cause to believe marihuana would be found on the premises of the pizzeria where defendant was employed ( see, Illinois v. Gates, 462 U.S. 213; People v. Hanlon, 36 N.Y.2d 549; People v. Marinelli, 100 A.D.2d 597). Moreover, assuming, arguendo, that the 13-day period which elapsed between the date the search warrant was executed and the date it was returned to the court constituted "unnecessary delay" within the meaning of CPL 690.30 (1), the requirement that the warrant be returned in a timely manner is a ministerial duty, noncompliance with which cannot be used to invalidate an otherwise valid warrant ( see, People v. Davis, 93 A.D.2d 970; People v. Ciccarelli, 104 Misc.2d 287). Thus, defendant's motion to controvert the warrant which authorized a search of the pizzeria was properly denied.
We have considered defendant's other contentions and find them to be without merit. Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.