Opinion
02-06-2015
The PEOPLE of the State of New York, Respondent, v. Elio P. TILLAN, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester (James Eckert of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY AND SCONIERS, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of, inter alia, criminal possession of a controlled substance in the first degree ( Penal Law § 220.21[1] ). We reject defendant's contention that County Court erred in refusing to suppress evidence obtained through the use of an eavesdropping warrant. The warrant application established probable cause for the issuance of the warrant, and contained a sufficient showing that normal investigative procedures had been tried and had failed or reasonably appeared to be unlikely to succeed (see CPL 700.15[1], [4] ; People v. Lazo, 16 A.D.3d 1153, 1153–1154, 790 N.Y.S.2d 902, lv. denied 4 N.Y.3d 887, 798 N.Y.S.2d 733, 831 N.E.2d 978 ; People v. Truver, 244 A.D.2d 990, 991, 665 N.Y.S.2d 995 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.