Opinion
October 1, 1990
Appeal from the County Court, Orange County (Pano Patsalos, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, we find no error in the County Court's denial, without a hearing, of that branch of his omnibus motion which was to controvert the second search warrant. The defendant failed to make a "preliminary showing that a false statement [made] knowingly and intentionally, or with reckless disregard for the truth" was included in the affidavit in support of this search warrant, and thus no hearing was required (see, Franks v. Delaware, 438 U.S. 154, 155; People v. Alfinito, 16 N.Y.2d 181; People v. Kroll 162 A.D.2d 717; People v. Maucieri, 125 A.D.2d 600). Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.