The People of the State of New York, Respondent, v Anthony Esquilin, Appellant.
Appellate Division, First Department, New York
January 12, 2023
2023 NY Slip Op 00163 [212 AD3d 468]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 1, 2023
Darcel D. Clark, District Attorney, Bronx (Joshua P. Weiss of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered January 30, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a firearm, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.
Although the record does not establish a valid appeal waiver, we reject defendant‘s suppression claims on the merits. The court providently exercised its discretion in issuing a protective order permitting redaction of the supporting affidavit of a search warrant application. The requisite good cause could be readily inferred from the People‘s submissions, which the court implicitly accepted, and defendant has not shown that he was deprived of facts necessary to meaningfully contest the warrant (see generally People v Castillo, 80 NY2d 578, 582-585 [1992], cert denied 507 US 1033 [1993]).
Furthermore, upon our in camera review of the search warrant materials, including the search warrant application, the police officer‘s supporting affidavit, and the testimony of the officer and the confidential informant before the warrant-issuing court, we find that there was probable cause to issue the warrant. Concur—Kern, J.P., Oing, Scarpulla, Pitt-Burke, Higgitt, JJ.