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People v. Rosario

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1996
223 A.D.2d 492 (N.Y. App. Div. 1996)

Opinion

January 30, 1996

Appeal from the Supreme Court, New York County (Antonio Brandveen, J.).


The unredacted records examined by this Court support the hearing court's ruling denying defendant's application for full disclosure of the search warrant and supporting documents on the ground that such disclosure would jeopardize the safety of the confidential informant ( see, People v Castillo, 80 N.Y.2d 578, cert denied 507 U.S. 1033). In these circumstances, the hearing court properly undertook inquiry on behalf of defendant relevant to the issue of probable cause and properly concluded, after review of the search warrant, the supporting affidavit, and the testimony of the securing officer and the confidential informant before the issuing court, that probable cause existed for issuance of the warrant ( supra).

The trial court appropriately exercised its discretion in permitting introduction of evidence of alleged drug records through the testimony of the arresting officer, whose credentials as stated to the jury would qualify him to offer an opinion regarding the nature of the physical evidence recovered ( see, People v Gonzalez, 180 A.D.2d 553, lv denied 79 N.Y.2d 1001). As the evidence was relevant to the issues before the jury, including the issue of defendant's intent to sell the drugs recovered, it was properly admitted for the jury's consideration ( see, People v Scarola, 71 N.Y.2d 769, 777).

None of defendant's additional claims of error warrant modification or reversal of the judgment.

Concur — Murphy, P.J., Sullivan, Ellerin, Ross and Mazzarelli, JJ.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1996
223 A.D.2d 492 (N.Y. App. Div. 1996)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAIS ROSARIO, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 30, 1996

Citations

223 A.D.2d 492 (N.Y. App. Div. 1996)
637 N.Y.S.2d 381

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