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

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

DecidedApril 25, 1996

StatusPublished

Cited by2 cases

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

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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]*28682 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]*28682 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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Bluebook (online)

226 A.D.2d 285, 641 N.Y.S.2d 633, 1996 N.Y. App. Div. LEXIS 4461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ippolito-nyappdiv-1996.

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