Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. John Clemente, Appellant
156 A.D.3d 55265 N.Y.S.3d 698·New York Supreme Court, Appellate Division·2017·NY
Concur—Acosta, P.J., Richter, Mazzarelli, Andrias and Gesmer, JJ.
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Opinion
The People of the State of New York, Respondent, v John Clemente, Appellant.
[65 NYS3d 698]
[MAJORITY]
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered January 10, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of one year, unanimously affirmed.
Following our in camera review of unredacted search warrant documents, we find that there was probable cause for the issuance of the warrant. A reliable confidential informant personally made two controlled buys, and this information was verified by the police who supervised the buys (see e.g. People v Jaen, 140 AD3d 594 [1st Dept 2016], lv denied 28 NY3d 931 [2016]). The informant’s account of the buys was detailed, and the information was not stale.
Concur—Acosta, P.J., Richter, Mazzarelli, Andrias and Gesmer, JJ.