People v. Rock

Appellate Division of the Supreme Court of New York

People v. Rock

33 A.D.3d 334, 822 N.Y.S.2d 54

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

DecidedOctober 3, 2006

StatusPublished

This text of 33 A.D.3d 334 (People v. Rock) 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. Rock, 33 A.D.3d 334, 822 N.Y.S.2d 54 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J., on motion; Budd G. Goodman, J., at plea and sentence), rendered June 17, 2004, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The motion court properly denied defendant’s motion to controvert the search warrant without a hearing. Even assuming that defendant had standing (see People v Whitfield, 81 NY2d 904, 906 [1993]), he did not demonstrate his entitlement to an evidentiary hearing, since he failed to support his allegation with sufficient proof demonstrating that the warrant affidavit was suspect (see Franks v Delaware, 438 US 154, 171 [1978]; People v Tambe, 71 NY2d 492, 504 [1988]). Defendant never attacked the credibility of the affiant, but instead denied engaging in the criminal conduct reported to the affiant. Since there is no evidence of deliberate manipulative police conduct (see Franks v Delaware, 438 US at 163-164) and no evidence that the affiant was unreasonably relying on the informant’s information (see People v Solimine, 18 NY2d 477 [1966]), there is no basis for a hearing (see People v Villanueva, 161 AD2d 552 [1990]). Concur—Saxe, J.E, Friedman, Williams, Catterson and Malone, JJ.

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Judgment, Supreme Court, New York County (Brenda Soloff, J., on motion; Budd G. Goodman, J., at plea and sentence), rendered June 17, 2004, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The motion court properly denied defendant’s motion to controvert the search warrant without a hearing. Even assuming that defendant had standing (see People v Whitfield, 81 NY2d 904, 906 [1993]), he did not demonstrate his entitlement to an evidentiary hearing, since he failed to support his allegation with sufficient proof demonstrating that the warrant affidavit was suspect (see Franks v Delaware, 438 US 154, 171 [1978]; People v Tambe, 71 NY2d 492, 504 [1988]). Defendant never attacked the credibility of the affiant, but instead denied engaging in the criminal conduct reported to the affiant. Since there is no evidence of deliberate manipulative police conduct (see Franks v Delaware, 438 US at 163-164) and no evidence that the affiant was unreasonably relying on the informant’s information (see People v Solimine, 18 NY2d 477 [1966]), there is no basis for a hearing (see People v Villanueva, 161 AD2d 552 [1990]). Concur—Saxe, J.E, Friedman, Williams, Catterson and Malone, JJ.

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Bluebook (online)

33 A.D.3d 334, 822 N.Y.S.2d 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rock-nyappdiv-2006.

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