People v. Rodriguez

182 A.D.2d 439, 582 N.Y.S.2d 166, 1992 N.Y. App. Div. LEXIS 5726

Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 18, 1988, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of imprisonment of 8 years to life, unanimously affirmed.

Although preserved for review, we hold, contrary to defendant’s contention, that the IAS court properly reviewed the People’s ex parte motion for a protective order to deny disclosure of the affidavit supporting the search warrant, having made an in camera examination of the search warrant application and motion, filed a written decision explaining its decision, and ordered a Darden hearing (People v Darden, 34 NY2d 177). It was not necessary that the confidential informant be present at the Darden hearing, since he had already been produced before the warrant-issuing Magistrate who was able to establish his existence and reliability (People v Carpenito, 171 AD2d 45, 50, lv granted 78 NY2d 1126). We have considered defendant’s other claims and find them to be without merit. Concur — Murphy, P. J., Rosenberger, Ellerin, Ross and Rubin, JJ.