Summary
The Appellate Division, Second Department affirmed a judgment convicting Iraef El of criminal possession of a weapon in the second degree following his guilty plea. The court upheld the denial of disclosure of unredacted search-warrant materials and concluded that the warrant was supported by probable cause.
Holdings
- The court properly declined to direct disclosure of the unredacted search-warrant application and examination minutes because the redactions were necessary to protect the confidential informant's anonymity and safety.
- The search warrant was supported by probable cause, and the Supreme Court properly denied defendant's motion to controvert the warrant and suppress the physical evidence.
Questions Presented
- Whether defendant was entitled to disclosure of the unredacted search-warrant application and minutes of the examination conducted pursuant to CPL 690.40(1).
- Whether the search warrant was supported by probable cause.
- Whether the physical evidence recovered during execution of the warrant should be suppressed.
Disposition
affirmed
Cases Cited (7)
- People v. Hedrington, 186 AD3d 1245, 1245-1246(followed)
- People v. Etienne, 235 AD3d 894, 894(followed)
- People v. Lexune, 236 AD3d 1060, 1061(followed)
- People v. Rivera, 210 AD3d 805, 806(followed)
- People v. Fraser, 210 AD3d 697, 698(followed)
- People v. Rose, 207 AD3d 664, 665(followed)
- People v. Bryant, 195 AD3d 744, 745(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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