People v Garcia
2009 NY Slip Op 06772 [66 AD3d 406]
October 1, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent,
v
Danny Garcia, Appellant.

[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J., at motion to controvert; Arlene Goldberg, J., at plea and sentence), rendered January 29, 2008, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

Upon our in camera review of the search warrant materials, we are satisfied that there was probable cause to issue the warrant (see People v Bigelow, 66 NY2d 417, 423 [1985]), as well as compliance with the applicable procedural requirements. Concur—Tom, J.P., Andrias, Nardelli, DeGrasse and Freedman, JJ.