92 A.D.2d 669 | N.Y. App. Div. | 1983
— Appeal from a judgment of the County Court of Chenango County (Ingraham, J.), rendered October 26, 1981, convicting defendant upon his plea of guilty of the crimes of criminal possession of marihuana in the first degree and criminal possession of a controlled substance in the fourth degree. On December 9, 1980, State Police Investigator Tighe appeared before the Norwich Town Justice and applied for a warrant to search the premises and person of defendant at Box 39, Crandall Street, Norwich. In his supporting affidavit, Tighe set forth information from an informant, one Manwarren, who had been arrested the previous day and charged with felony possession of marihuana. Manwarren ostensibly advised Tighe that he had purchased the marihuana from defendant on December 8, 1980 at the latter’s premises and had done so on numerous occasions during the previous six months. Tighe also stated that he had received information on three other occasions from persons known to be involved in drug activity that defendant was “heavily involved in the sale of marihuana and controlled substances”. Based on this information, a warrant was issued and that afternoon items of contraband were seized from both defendant’s home and his vehicle. Defendant was subsequently charged in a six-count indictment with criminal possession of various controlled substances and marihuana. After