People v. Heyward
| Decision Date | 28 May 1993 |
| Citation | 193 A.D.2d 1137,600 N.Y.S.2d 661 |
| Parties | PEOPLE of the State of New York, Respondent, v. Harold HEYWARD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Griffith Winthrop, Canandaigua, for appellant. R. Michael Tantillo by Brian Dennis, Canandaigua, for respondent.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the information supporting the search warrant was stale merely because it was acquired 12 and 13 days before the issuance of the warrant (see, People v. Bryan, 191 A.D.2d 1029, 595 N.Y.S.2d 150; People v. Clarke, 173 A.D.2d 550, 570 N.Y.S.2d 305). The search warrant application provided the issuing magistrate with information sufficient to support a reasonable belief that evidence of illegal drug activity would be present at the time and place of the search (see, People v. Bigelow, 66 N.Y.2d 417, 423, 497 N.Y.S.2d 630, 488 N.E.2d 451; People v. Bryan, supra; People v. St. Louis, 177 A.D.2d 882, 885, 576 N.Y.S.2d 466, lv. denied 79 N.Y.2d 953, 583 N.Y.S.2d 207, 592 N.E.2d 815).
Defendant's sentence is neither harsh nor excessive. (Appeal from Judgment of Ontario County Court, Harvey, J.--Criminal Possession Controlled Substance, 3rd Degree.)
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Town of East Hampton v. Omabuild USA No. 1, Inc.
...for a search warrant is made " (People v. Clarke, 173 A.D.2d 550, 570 N.Y.S.2d 305 [emphasis supplied]; see, People v. Heyward, 193 A.D.2d 1137, 600 N.Y.S.2d 661; People v. Bryan, 191 A.D.2d 1029, 595 N.Y.S.2d 150). In the instant case, the affidavits of various Town officials alleged numer......