People v. Munoz

Appellate Division of the Supreme Court of New York

People v. Munoz

205 A.D.2d 452, 613 N.Y.S.2d 892, 1994 N.Y. App. Div. LEXIS 6711

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

DecidedJune 28, 1994

StatusPublished

Cited by6 cases

This text of 205 A.D.2d 452 (People v. Munoz) 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. Munoz, 205 A.D.2d 452, 613 N.Y.S.2d 892, 1994 N.Y. App. Div. LEXIS 6711 (N.Y. Ct. App. 1994).

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Opinion

Judgments, Supreme Court, New York County (Herbert Altman, J., on suppression motions; James A. Yates, J., at pleas and sentences), rendered October 5, 1993, convicting defendants Reyes and Munoz, upon their pleas of guilty, of criminal possession of a controlled substance in the second degree and attempted criminal possession of a controlled substance in the third degree, respectively, and sentencing them to terms of 3 years to life imprisonment and 5 years probation, respectively, unanimously affirmed.

Contrary to defendants’ contentions, the information contained in the affidavit for a search warrant, which was based solely upon the personal observations of police officers made on 11 separate occasions, was plainly reliable (see, United States v Ventresca, 380 US 102, 110-111), and provided the issuing Magistrate with more than enough details of defendants’ selling operation " 'to support a reasonable belief that * * * evidence of a crime [might] be found’ ” at the subject apartment and that "it was more probable than not that criminal activity was taking place” there (People v Pinchback, 187 AD2d 540, 541, affd 82 NY2d 857, quoting People v Bigelow, 66 NY2d 417, 423).

Nor was the information stale. "Information may be acted upon as long as the practicalities dictate that a state of facts existing in the past, which is sufficient to give rise to probable cause, continues to exist at the time the application for a search warrant is made.” (People v Clarke, 173 AD2d 550.) Here, the observations, made over a five-month period, the last one only four days before the application, were sufficient to support a reasonable belief that an ongoing drug enterprise existed and that evidence of illegal drug activity would be present at the time and the place of the search (see, People v Wilkerson, 167 AD2d 662, 663, lv denied 78 NY2d 958; United States v Feola, 651 F Supp 1068, 1090-1091, affd 875 F2d 857). Concur—Ellerin, J. R, Kupferman, Rubin and Nardelli, JJ.

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Judgments, Supreme Court, New York County (Herbert Altman, J., on suppression motions; James A. Yates, J., at pleas and sentences), rendered October 5, 1993, convicting defendants Reyes and Munoz, upon their pleas of guilty, of criminal possession of a controlled substance in the second degree and attempted criminal possession of a controlled substance in the third degree, respectively, and sentencing them to terms of 3 years to life imprisonment and 5 years probation, respectively, unanimously affirmed.

Contrary to defendants’ contentions, the information contained in the affidavit for a search warrant, which was based solely upon the personal observations of police officers made on 11 separate occasions, was plainly reliable (see, United States v Ventresca, 380 US 102, 110-111), and provided the issuing Magistrate with more than enough details of defendants’ selling operation " 'to support a reasonable belief that * * * evidence of a crime [might] be found’ ” at the subject apartment and that "it was more probable than not that criminal activity was taking place” there (People v Pinchback, 187 AD2d 540, 541, affd 82 NY2d 857, quoting People v Bigelow, 66 NY2d 417, 423).

Nor was the information stale. "Information may be acted upon as long as the practicalities dictate that a state of facts existing in the past, which is sufficient to give rise to probable cause, continues to exist at the time the application for a search warrant is made.” (People v Clarke, 173 AD2d 550.) Here, the observations, made over a five-month period, the last one only four days before the application, were sufficient to support a reasonable belief that an ongoing drug enterprise existed and that evidence of illegal drug activity would be present at the time and the place of the search (see, People v Wilkerson, 167 AD2d 662, 663, lv denied 78 NY2d 958; United States v Feola, 651 F Supp 1068, 1090-1091, affd 875 F2d 857). Concur—Ellerin, J. R, Kupferman, Rubin and Nardelli, JJ.

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Bluebook (online)

205 A.D.2d 452, 613 N.Y.S.2d 892, 1994 N.Y. App. Div. LEXIS 6711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-munoz-nyappdiv-1994.

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