| People v Syphrett |
| 2019 NY Slip Op 01536 [170 AD3d 431] |
| March 5, 2019 |
| 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 Kevin Syphrett, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Judgment, Supreme Court, New York County (James M. Burke, J.), rendered July 1, 2015, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of six months, unanimously affirmed.
The court properly denied defendant's motion to controvert a search warrant that led to the recovery of drugs from defendant's apartment. Probable cause was established by information provided by a previously reliable confidential informant, who made two controlled buys that were reasonably close in time to the warrant application (see e.g. People v Jaen, 140 AD3d 594 [1st Dept 2016], lv denied 28 NY3d 931 [2016]). Concur—Sweeny, J.P., Renwick, Gische, Kahn, Kern, JJ.