Opinion
983
April 29, 2003.
Judgment, Supreme Court, New York County (Dora Irizarry, J.), rendered March 25, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Tami J. Aisenson, for respondent.
Bruce D. Austern, for defendant-appellant.
Before: Buckley, P.J., Mazzarelli, Ellerin, Williams, Gonzalez, JJ.
Based on our review of all of the information that was before the issuing court, we find that the search warrant was based on probable cause (see People v. Elwell, 50 N.Y.2d 231, 236). The confidential informant, who appeared before the issuing court, was reliable and provided trustworthy, current information based on personal knowledge.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.