Fourth Department – Vehicle search: People v. Villanueva-Medina

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Vehicle search

Search warrant – Ongoing investigation

People v. Villanueva-Medina

KA 18-02150

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of criminal possession of a controlled substance and conspiracy, arising from the execution of a search warrant for a vehicle in which the defendant was a passenger and wherein drugs were discovered.

Ruling: The Appellate Division affirmed. The court noted that the search warrant application was supported by the affidavit of a deputy which included personal knowledge of an ongoing investigation of a drug trafficking operation. The affidavit also included descriptions of telephone conversations obtained by eavesdropping warrants, during which the defendant was a participant in conversations with his coconspirators about drug exchanges. The deputy stated that the defendant was observed driving the subject vehicle when he met with one of the coconspirators.

David R. Juergens, of the public defender’s office, for the defendant-appellant; Lisa Gray, of the district attorney’s office, for the respondent.

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