State v. Piland

Connecticut Appellate Court

State v. Piland

480 A.2d 588, 2 Conn. App. 513, 1984 Conn. App. LEXIS 669

CourtConnecticut Appellate Court

DecidedSeptember 11, 1984

Docket2793

StatusPublished

Cited by2 cases

This text of 480 A.2d 588 (State v. Piland) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Piland, 480 A.2d 588, 2 Conn. App. 513, 1984 Conn. App. LEXIS 669 (Colo. Ct. App. 1984).

Pincite

Opinion

Per Curiam.

The defendant was convicted of the crime of knowingly attempting to deliver a noncontrolled substance upon the express representation that such substance was a controlled substance, in violation of then General Statutes (Rev. to 1981) § 19-473, as amended by Public Acts 1981, No. 81-199, now General Statutes § 21a-268.¹ His appeal presents no issues of merit requiring extensive discussion.²

The defendant’s claim that the court erred in denying his oral motion to dismiss, filed pursuant to the ruling of Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978), is without merit. Franks requires, as one of the preconditions to an evidentiary hearing attacking a warrant, that “[ajffidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained.” Id., 171. The defendant’s oral motion falls far short of those requirements. Moreover, after the court denied his motion without an evidentiary hearing, it permit[515]*515ted him to put on evidence in support of his claim, as a kind of evidentiary offer of proof. Our review of this evidence indicates that the court was correct in denying the motion, because the evidence falls far short of establishing “deliberate falsehood or . . . reckless disregard for the truth . . .” in the affidavit upon which the warrant for his arrest was based. See id.

The defendant’s claim that he was entitled to a charge on entrapment fails, because his testimony was a denial of an essential element of the crime charged, namely, that he expressly represented that the substance which he sold was cocaine; and because there was no evidence of inducement by the police. State v. Rosado, 178 Conn. 704, 707-08, 425 A.2d 108 (1979); State v. Hawkins, 173 Conn. 431, 436, 378 A.2d 534 (1977).

There is no error.

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Per Curiam.

The defendant was convicted of the crime of knowingly attempting to deliver a noncontrolled substance upon the express representation that such substance was a controlled substance, in violation of then General Statutes (Rev. to 1981) § 19-473, as amended by Public Acts 1981, No. 81-199, now General Statutes § 21a-268.¹ His appeal presents no issues of merit requiring extensive discussion.²

The defendant’s claim that the court erred in denying his oral motion to dismiss, filed pursuant to the ruling of Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 2d 667 (1978), is without merit. Franks requires, as one of the preconditions to an evidentiary hearing attacking a warrant, that “[ajffidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained.” Id., 171. The defendant’s oral motion falls far short of those requirements. Moreover, after the court denied his motion without an evidentiary hearing, it permit[515]*515ted him to put on evidence in support of his claim, as a kind of evidentiary offer of proof. Our review of this evidence indicates that the court was correct in denying the motion, because the evidence falls far short of establishing “deliberate falsehood or . . . reckless disregard for the truth . . .” in the affidavit upon which the warrant for his arrest was based. See id.

The defendant’s claim that he was entitled to a charge on entrapment fails, because his testimony was a denial of an essential element of the crime charged, namely, that he expressly represented that the substance which he sold was cocaine; and because there was no evidence of inducement by the police. State v. Rosado, 178 Conn. 704, 707-08, 425 A.2d 108 (1979); State v. Hawkins, 173 Conn. 431, 436, 378 A.2d 534 (1977).

There is no error.

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Bluebook (online)

480 A.2d 588, 2 Conn. App. 513, 1984 Conn. App. LEXIS 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-piland-connappct-1984.

Opinion

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