Opinion
14848 Ind. No. 3681/16 Case No. 2018-04231
12-14-2021
The PEOPLE of the State of New York, Respondent, v. Gregory JENKINS, Defendant–Appellant.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Alba R. Morales of counsel), and Dechert LLP, New York (Brendan M. Herrmann of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Alba R. Morales of counsel), and Dechert LLP, New York (Brendan M. Herrmann of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J. at motions; Stephen M. Antignani, J. at jury trial and sentencing), rendered June 18, 2018, as amended June 19, 2018, convicting defendant of criminal possession of a weapon in the second degree, criminal possession of a controlled substance in the fourth degree, criminally using drug paraphernalia in the second degree (three counts), and unlawful possession of ammunition, and sentencing him to an aggregate term of 10 years, unanimously affirmed.
Based on our review of the record, including our in camera review of sealed or redacted materials, we find no basis to controvert the search warrant at issue or to grant any other relief (see e. g. People v. Evans, 179 A.D.3d 549, 114 N.Y.S.3d 642 [1st Dept. 2020], lv denied 35 N.Y.3d 969, 125 N.Y.S.3d 34, 148 N.E.3d 498 [2020] ). The record, including the sealed minutes of the confidential informant's testimony, establishes probable cause for the issuance of the warrant, and we decline to grant defense counsel access to those minutes (see People v. Castillo, 80 N.Y.2d 578, 585, 592 N.Y.S.2d 945, 607 N.E.2d 1050 [1992], cert denied 507 U.S. 1033, 113 S.Ct. 1854, 123 L.Ed.2d 477 [1993] ).
We perceive no basis for reducing the sentence.