People v. Heyward

Appellate Division of the Supreme Court of New York

People v. Heyward

193 A.D.2d 1137, 600 N.Y.S.2d 661, 1993 N.Y. App. Div. LEXIS 5798

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 28, 1993

StatusPublished

Cited by2 cases

This text of 193 A.D.2d 1137 (People v. Heyward) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Heyward, 193 A.D.2d 1137, 600 N.Y.S.2d 661, 1993 N.Y. App. Div. LEXIS 5798 (N.Y. Ct. App. 1993).

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Opinion

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the information supporting the search warrant was stale merely because it was acquired 12 and 13 days before the issuance of the warrant (see, People v Bryan, 191 AD2d 1029; People v Clarke, 173 AD2d 550). The search warrant application provided the issuing Magistrate with information sufficient to support a reasonable belief that evidence of illegal drug activity would be present at the time and place of the search (see, People v Bigelow, 66 NY2d 417; 423; People v Bryan, supra; People v St. Louis, 177 AD2d 882, 885, lv denied 79 NY2d 953).

Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of Ontario County Court, Harvey, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present— Callahan, J. P., Green, Pine, Fallon and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the information supporting the search warrant was stale merely because it was acquired 12 and 13 days before the issuance of the warrant (see, People v Bryan, 191 AD2d 1029; People v Clarke, 173 AD2d 550). The search warrant application provided the issuing Magistrate with information sufficient to support a reasonable belief that evidence of illegal drug activity would be present at the time and place of the search (see, People v Bigelow, 66 NY2d 417; 423; People v Bryan, supra; People v St. Louis, 177 AD2d 882, 885, lv denied 79 NY2d 953).

Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of Ontario County Court, Harvey, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present— Callahan, J. P., Green, Pine, Fallon and Davis, JJ.

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Bluebook (online)

193 A.D.2d 1137, 600 N.Y.S.2d 661, 1993 N.Y. App. Div. LEXIS 5798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-heyward-nyappdiv-1993.

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