| People v Salas |
| 2006 NY Slip Op 04012 [29 AD3d 451] |
| May 23, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Eric Salas, Appellant. |
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Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered July 14, 2004, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
The court properly denied defendant's motion challenging the search warrant. We have reviewed the unredacted search warrant affidavit, and we conclude that the confidential informant's testimony (see People v Taylor, 73 NY2d 683, 688 [1989]) and the supporting affidavit clearly established probable cause under the Aguilar-Spinelli test (see Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]).
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Mazzarelli, Andrias, Marlow and Malone, JJ.