Opinion
06-23-2016
The PEOPLE of the State of New York, Respondent, v. Alejandrina JAEN, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered September 1, 2010, convicting defendant, upon her plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing her to a term of five years' probation, unanimously affirmed. The court properly denied defendant's motion to controvert the search warrant that led to the recovery of drugs from defendant's apartment. Probable cause was established by information provided by a reliable confidential informant regarding two controlled buys personally made by the informant, and sufficiently verified by the police who supervised the buys (see e.g. People v. Freeman, 106 A.D.3d 590, 965 N.Y.S.2d 127 [1st Dept.2013], lv. denied 21 N.Y.3d 1073, 974 N.Y.S.2d 322, 997 N.E.2d 147 [2013] ; People v. Gramson, 50 A.D.3d 294, 295, 854 N.Y.S.2d 707 [1st Dept.2008], lv. denied 11 N.Y.3d 832, 868 N.Y.S.2d 607, 897 N.E.2d 1091 [2008] ).
TOM, J.P., FRIEDMAN, RICHTER, KAPNICK, GESMER, JJ., concur.