Opinion
May 28, 1993
Appeal from the Ontario County Court, Harvey, J.
Present — Callahan, J.P., Green, Pine, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the information supporting the search warrant was stale merely because it was acquired 12 and 13 days before the issuance of the warrant (see, People v Bryan, 191 A.D.2d 1029; People v Clarke, 173 A.D.2d 550). The search warrant application provided the issuing Magistrate with information sufficient to support a reasonable belief that evidence of illegal drug activity would be present at the time and place of the search (see, People v Bigelow, 66 N.Y.2d 417; 423; People v Bryan, supra; People v St. Louis, 177 A.D.2d 882, 885, lv denied 79 N.Y.2d 953).
Defendant's sentence is neither harsh nor excessive.