Opinion
2017–05631 Ind. No. 5375/15
09-02-2020
Paul Skip Laisure, New York, N.Y. (Jenin Younes of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Jonathan Andrew Perez of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Jenin Younes of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Jonathan Andrew Perez of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dena Douglas, J.), rendered March 22, 2017, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
"There is a strong judicial preference for search warrants" ( People v. Corr, 28 A.D.3d 574, 575, 816 N.Y.S.2d 82 ; see People v. Hanlon, 36 N.Y.2d 549, 558, 369 N.Y.S.2d 677, 330 N.E.2d 631 ). "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, 816 N.Y.S.2d 82 ; see People v. Bigelow, 66 N.Y.2d 417, 423, 497 N.Y.S.2d 630, 488 N.E.2d 451 ). 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, 497 N.Y.S.2d 630, 488 N.E.2d 451 ; People v. Cooper, 120 A.D.3d 710, 711, 990 N.Y.S.2d 862 ).
Additionally, we agree with the Supreme Court 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. Vasquez, 140 A.D.3d 571, 572, 34 N.Y.S.3d 441 ; People v. Zuran, 34 A.D.3d 857, 858, 826 N.Y.S.2d 133 ).
SCHEINKMAN, P.J., AUSTIN, IANNACCI and WOOTEN, JJ., concur.