| People v Hanks |
| 2011 NY Slip Op 09511 [90 AD3d 1592] |
| December 23, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 1, 2012 |
| The People of the State of New York, Respondent, v Terris Hanks,
Appellant. |
—[*1]Motion for reargument granted, and upon
reargument, the memorandum and order entered September 30, 2011 (87 AD3d 1370, 1371
[2011]) is amended by deleting the fifth sentence of the first paragraph of the memorandum and
by deleting the first and second sentences of the second paragraph of the memorandum and
substituting the following sentences: "Contrary to the contention of defendant in his main brief
with respect to the first warrant and the contention of defendant in his main and pro se
supplemental briefs with respect to the fifth amended and extended warrant, the record supports
the court's finding that the applications for those warrants established that 'normal investigative
procedures ha[d] been tried and ha[d] failed, or reasonably appear[ed] to be unlikely to succeed if
tried, or to be too dangerous to employ' (CPL 700.15 [4]; see People v Rabb, 16 NY3d 145, 152 [2011]). In affidavits
supporting those warrant applications, a detective detailed the traditional investigative
techniques, including but not limited to physical surveillance and the use of confidential
informants, that were utilized by Task Force Members beginning four months prior to the
issuance of the first warrant and continuing up to the date of the application for the fifth amended
and extended warrant." Present—Scudder, P.J., Smith, Lindley, Sconiers and Gorski, JJ.