People v. Salas

29 A.D.3d 451, 814 N.Y.S.2d 524

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 rant 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.