New York State Supreme Court, Appellate Division, Fourth Judicial Department
Probable cause – Confidential informant
Appealed from Supreme Court, Monroe County
Background: The defendant appealed from his conviction of criminal possession of a controlled substance. The charge arose from the discovery of 176 bags of heroin in the defendant’s residence by the police during the execution of a search warrant.
Ruling: The Appellate Division affirmed. The court noted that an affidavit submitted in support of the warrant application included a statement that a confidential informant whom the police had been working with made seven controlled buys of narcotics from the defendant, the first five of which took place inside the defendant’s residence. The last two occurred during telephone conversations overheard by the police. The defendant was observed leaving his home shortly after speaking with the informant. While the transactions in the home occurred more than a year prior to the search warrant, the police had probable cause to believe that evidence of a crime might be found in the defendant’s residence.
David R. Juergens, of the Public Defender’s office, for the defendant-appellant; Lisa Gray, of the District Attorney’s office, for the respondent.