People v. Salas
This text of 29 A.D.3d 451 (People v. Salas) 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.
Opinion
Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered July 14, 2004, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.
The court properly denied defendant’s motion challenging the search warrant. We have reviewed the unredacted search war[452]*452rant affidavit, and we conclude that the confidential informant’s testimony (see People v Taylor, 73 NY2d 683, 688 [1989]) and the supporting affidavit clearly established probable cause under the Aguilar-Spinelli test (see Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]).
We perceive no basis for reducing the sentence. Concur— Tom, J.P., Mazzarelli, Andrias, Marlow and Malone, JJ.
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Cite This Page — Counsel Stack
29 A.D.3d 451, 814 N.Y.S.2d 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salas-nyappdiv-2006.