People v. Lopez

Appellate Division of the Supreme Court of New York

People v. Lopez

157 A.D.2d 503, 549 N.Y.S.2d 694, 1990 N.Y. App. Div. LEXIS 154

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

DecidedJanuary 11, 1990

StatusPublished

This text of 157 A.D.2d 503 (People v. Lopez) 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. Lopez, 157 A.D.2d 503, 549 N.Y.S.2d 694, 1990 N.Y. App. Div. LEXIS 154 (N.Y. Ct. App. 1990).

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Opinion

Judgment of the Supreme Court, New York County (Leslie C. Snyder, J.), rendered September 9, 1988, which convicted defendant of criminal possession of a controlled substance in the second degree upon his plea of guilty and sentenced him to from six-years-to-life imprisonment, is unanimously affirmed.

At issue in this narcotics prosecution is the adequacy of the police affidavit made in support of the search warrant. We have examined it, and conclude that it satisfied all applicable requirements (People v Hanlon, 36 NY2d 549). Defendant was observed over a significant period of time and his conduct, as described in the challenged affidavit, "was more than merely equivocal and suspicious.” (People v Giammarino, 53 AD2d 871, affd 42 NY2d 1090.) Defendant’s reliance on cases involving confidential informers or anonymous phone calls (e.g., People v Wirchansky, 41 NY2d 130; People v Germano, 91 AD2d 1137) is misplaced. Here, the only basis claimed for the affiant’s knowledge is his own observations, a plainly reliable basis (United States v Ventresca, 380 US 102, 111). These observations provided probable cause to believe that defendant possessed drugs. Concur—Kupferman, J. P., Asch, Milonas, Wallach and Rubin, JJ.

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Judgment of the Supreme Court, New York County (Leslie C. Snyder, J.), rendered September 9, 1988, which convicted defendant of criminal possession of a controlled substance in the second degree upon his plea of guilty and sentenced him to from six-years-to-life imprisonment, is unanimously affirmed.

At issue in this narcotics prosecution is the adequacy of the police affidavit made in support of the search warrant. We have examined it, and conclude that it satisfied all applicable requirements (People v Hanlon, 36 NY2d 549). Defendant was observed over a significant period of time and his conduct, as described in the challenged affidavit, "was more than merely equivocal and suspicious.” (People v Giammarino, 53 AD2d 871, affd 42 NY2d 1090.) Defendant’s reliance on cases involving confidential informers or anonymous phone calls (e.g., People v Wirchansky, 41 NY2d 130; People v Germano, 91 AD2d 1137) is misplaced. Here, the only basis claimed for the affiant’s knowledge is his own observations, a plainly reliable basis (United States v Ventresca, 380 US 102, 111). These observations provided probable cause to believe that defendant possessed drugs. Concur—Kupferman, J. P., Asch, Milonas, Wallach and Rubin, JJ.

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Bluebook (online)

157 A.D.2d 503, 549 N.Y.S.2d 694, 1990 N.Y. App. Div. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lopez-nyappdiv-1990.

Opinion

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