People v. Brucciani
| Decision Date | 15 March 2011 |
| Citation | 82 A.D.3d 1001,919 N.Y.S.2d 54,2011 N.Y. Slip Op. 02026 |
| Parties | The PEOPLE, etc., respondent,v.John BRUCCIANI, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Gerard & Weissmann, Chestnut Ridge, N.Y. (William A. Gerard of counsel), for appellant.Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Amanda B. Haberman on the brief), for respondent.
DANIEL D. ANGIOLILLO, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, and ROBERT J. MILLER, JJ.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 8, 2010, convicting him of criminal possession of marijuana in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly denied that branch of his omnibus motion which was to suppress the physical evidence seized from his apartment pursuant to a search warrant. Although the defendant challenges the reliability of the hearsay information provided by a confidential informant in the search warrant application, that application amply demonstrated the informant's reliability. The application recited that the confidential informant was registered with the Rockland County Narcotics Task Force (hereinafter the Task Force) and had been working with the Task Force since March 2009. Moreover, the application also recited, inter alia, that the informant, wearing an electronic listening and recording device, made two controlled buys of marijuana and attempted a third buy, all while under police supervision and surveillance, and police investigators were able to substantially corroborate key details of the transactions through their own observations ( see People v. Vargas, 72 A.D.3d 1114, 1115–1116, 898 N.Y.S.2d 323; People v. Tarver, 292 A.D.2d 110, 115, 741 N.Y.S.2d 130; People v. Keyes, 291 A.D.2d 571, 738 N.Y.S.2d 678; People v. Williams, 247 A.D.2d 415, 416, 667 N.Y.S.2d 936; People v. Lavere, 236 A.D.2d 809, 654 N.Y.S.2d 61; People v. Davenport, 231 A.D.2d 809, 810, 647 N.Y.S.2d 306; People v. Miner, 126 A.D.2d 798, 799–800, 510 N.Y.S.2d 300). Accordingly, the search warrant was properly upheld as valid.
To continue reading
Request your trial
-
People v. Brandon
...cause to issue the warrant (see People v. Serrano, 93 N.Y.2d 73, 78, 688 N.Y.S.2d 90, 710 N.E.2d 655 [1999] ; People v. Brucciani, 82 A.D.3d 1001, 1002, 919 N.Y.S.2d 54 [2011], lv. denied 17 N.Y.3d 814, 929 N.Y.S.2d 802 [2011] ; People v. Davenport, 231 A.D.2d 809, 810, 647 N.Y.S.2d 306 [19......
-
People v. Coleman
...at 489, 438 N.Y.S.2d 754, 420 N.E.2d 946 ; see e.g. People v. Slater , 141 A.D.3d 677, 677–678, 35 N.Y.S.3d 452 ; People v. Brucciani , 82 A.D.3d 1001, 1002, 919 N.Y.S.2d 54 ).We agree with the denial of the defendant's application to controvert a search warrant authorizing a search of his ......
-
In the Matter of Roger W. Clarke v. Boertlein
...their half-brother in close proximity to their aunt and maternal grandmother, and that the two oldest children were attending school and [919 N.Y.S.2d 54] receiving educational services. In contrast, the record suggests that the father opposed the relocation in order to harass the mother an......
-
People v. Magny
...there was probable cause for the search warrant (see People v. Slater, 141 A.D.3d 677, 677–678, 35 N.Y.S.3d 452 ; People v. Brucciani, 82 A.D.3d 1001, 1002, 919 N.Y.S.2d 54 ; People v. Hunter, 56 A.D.3d 684, 868 N.Y.S.2d 87 ). Moreover, the defendant failed to establish entitlement to eithe......