People v. Darbasie

128 A.D.3d 489, 8 N.Y.S.3d 331

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 14, 2015
• Docket: 15091 4512/02
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered June 12, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of six years to life, unanimously affirmed.

The court properly denied summarily defendant’s motion to controvert a search warrant. Defendant was not entitled to a Franks/Alfinito hearing (see Franks v Delaware, 438 US 154 [1978]; People v Alfinito, 16 NY2d 181 [1965]), because he failed to make the necessary “substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit” (Franks, 438 US at 155-156). Defendant only challenged the veracity of the information provided to the police officer affiant by an undercover detective, and not that of the affiant himself (see People v Slaughter, 37 NY2d 596, 600 [1975]; People v Solimine, 18 NY2d 477 [1966]).

We perceive no basis for reducing the sentence.

We have considered and rejected the arguments raised in defendant’s supplemental pro se brief. Concur — Tom, J.P., Sweeny, Andrias, Moskowitz and Gische, JJ.