| 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. |
| The People of the State of New York,
Respondent, v Danny Garcia, Appellant. |
—[*1]
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.