People v. Mendez

199 A.D.2d 182, 605 N.Y.S.2d 94, 1993 N.Y. App. Div. LEXIS 12156

Opinion

Judgment, Supreme Court, New York County (Allen G. Alpert, J.), rendered January 7, 1993, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 2 Vs to 7 years, unanimously affirmed.

The information contained in the officer’s affidavit for a search warrant of defendant’s residence was sufficient to warrant a reasonable belief that a gun would be found therein (CPL 690.40 [2]), including, among other things, that two identified informants had seen defendant at a specified location firing a gun, one of whom also saw defendant carrying a shopping bag immediately before and after firing the gun which he then took to his residence. Contrary to defendant’s contention, this four-day old information was not stale. "[P]robable cause is not to be determined by counting the number of days between the occurrence of the events relied upon and the issuance of the search warrant” (People v Clarke, 173 AD2d 550). Concur—Sullivan, J. P., Asch, Rubin and Nardelli, JJ.