Opinion
September 26, 1994
Appeal from the County Court, Westchester County (Murphy, J.).
Ordered that the judgment is affirmed.
The defendant contends that the search warrant's description of the premises to be searched as being "located at 16 Buckley Ave" in the Village of Port Chester was overbroad and rendered the warrant a nullity. However, any "deficiencies in a warrant, overbroad on its face, may be cured * * * by referring to the supporting documents" (People v. Brooks, 54 A.D.2d 333, 335). In this case, the description of the target location (the defendant's third-floor apartment) in the supporting affidavits, together with the description in the warrant, sufficiently delineated the area of the building to enable the searcher to identify the place authorized to be searched (see, People v Trammell, 152 A.D.2d 989; see also, People v. Nieves, 36 N.Y.2d 396, 401; People v. Brooks, supra). Accordingly, the description met the constitutional requirements.
The defendant also contends that the warrant was not based upon probable cause. We disagree. It is settled that "a search warrant may be validly based upon hearsay information found to be reliable * * * [and that] [i]n this regard, an affidavit by a police officer which is based upon the observations made by a fellow police officer when the two are engaged in a common investigation furnishes a reliable basis for the warrant" (People v. Londono, 148 A.D.2d 753; see, People v. Gaviria, 183 A.D.2d 913; People v. Lopez, 162 A.D.2d 621). Here, the applying officer's affidavit set forth a series of transactions that took place between an undercover officer and the defendant at or near the defendant's residence. Moreover, the warrant application was also supported by the affirmation of another officer who set forth his own personal observations of the defendant engaged in a drug sale. The affirmation also contained information provided by a confidential informant whose track record for reliability was also set forth in the affirmation (see, People v. Whitt, 203 A.D.2d 606). Contrary to the defendant's assertion, the officer's affirmation was properly considered since it contained, in bold lettering, a warning that the giving of false information would constitute a misdemeanor (see, People v. Simon, 107 A.D.2d 196).
Finally, the three-week gap between the date of the last occurrence mentioned in the warrant application and the date of the issuance of the warrant did not render the information stale since it was clear from the application that the defendant's drug-dealing activities were ongoing and continuing (see, People v. Hawley, 192 A.D.2d 742; People v. Bryan, 191 A.D.2d 1029; People v. Clarke, 173 A.D.2d 550). Mangano, P.J., Bracken, Santucci and Friedmann, JJ., concur.