People v. Ippolito

Appellate Division of the Supreme Court of New York

People v. Ippolito

226 A.D.2d 285, 641 N.Y.S.2d 633, 1996 N.Y. App. Div. LEXIS 4461

Appellate Division of the Supreme Court of the State of New York·Decided April 25, 1996·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered August 12, 1992, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 8 years to life and 1 to 3 years, respectively, unanimously affirmed.

Defendant’s request for a lengthier adjournment for the purpose of retaining new counsel and giving further consideration to the People’s plea offer was properly denied by the court as a delaying tactic (People v Smith, 192 AD2d 310, affd [286] 82 NY2d 731; see, People v Brown, 200 AD2d 435, lv denied 83 NY2d 869).

Defendant’s challenge to the truth of information contained in the search warrant affidavit was insufficient to require a hearing (Franks v Delaware, 438 US 154, 155-156). In any event, even without the information claimed to be false, the affidavit was still based upon probable cause (see, People v Hanlon, 36 NY2d 549, 559), and thus defendant’s request for a hearing was properly denied (Franks v Delaware, supra). Concur—Sullivan, J. P., Ellerin, Wallach, Williams and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered August 12, 1992, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 8 years to life and 1 to 3 years, respectively, unanimously affirmed.

Defendant’s request for a lengthier adjournment for the purpose of retaining new counsel and giving further consideration to the People’s plea offer was properly denied by the court as a delaying tactic (People v Smith, 192 AD2d 310, affd [286] 82 NY2d 731; see, People v Brown, 200 AD2d 435, lv denied 83 NY2d 869).

Defendant’s challenge to the truth of information contained in the search warrant affidavit was insufficient to require a hearing (Franks v Delaware, 438 US 154, 155-156). In any event, even without the information claimed to be false, the affidavit was still based upon probable cause (see, People v Hanlon, 36 NY2d 549, 559), and thus defendant’s request for a hearing was properly denied (Franks v Delaware, supra). Concur—Sullivan, J. P., Ellerin, Wallach, Williams and Mazzarelli, JJ.

People v. Ippolito, 226 A.D.2d 285, 641 N.Y.S.2d 633, 1996 N.Y. App. Div. LEXIS 4461 (N.Y. Ct. App. 1996).

Pincite

226 A.D.2d 285 (People v. Ippolito) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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