People v. Kitt

2016 NY Slip Op 8332, 145 A.D.3d 528, 41 N.Y.S.3d 886

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 13, 2016
• Docket: 2460 3561N/13
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered September 16, 2014, as amended November 5, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of eight years, unanimously affirmed.

We find that the court properly denied defendant’s motion challenging a search warrant. We have reviewed the unre- dacted search warrant affidavit, and we conclude that it clearly established probable cause (see People v Salas, 29 AD3d 451 [1st Dept 2006], lv denied 7 NY3d 794 [2006]).

We perceive no basis for reducing the sentence.

Concur— Torn, J.P., Friedman, Saxe, Feinman and Kahn, JJ.