Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered February 22, 1994, convicting
In August 1993, a Grand Jury returned an indictment charging defendant with two counts of criminal sale of marihuana in the fourth degree for allegedly selling marihuana pursuant to controlled buys at defendant’s residence by confidential police informants on May 13, 1993 and May 17, 1993. Defendant was also charged with criminal possession of marihuana in the second degree and growing a plant known as cannabis by unlicensed persons resulting from evidence seized by law enforcement personnel at defendant’s home pursuant to a search warrant on May 18, 1993. Approximately 19 items were seized as a result of this search consisting of bags of marihuana, numerous marihuana plants and seeds, drug paraphernalia, and books and equipment used in the growing of marihuana. Defendant ultimately pleaded guilty to criminal sale of marihuana in the fourth degree and unlicensed growing of cannabis in full satisfaction of the indictment. Defendant appeals.
Initially, we reject defendant’s claim that he was denied the effective assistance of counsel by reason of defense counsel’s failure to move to suppress the items seized pursuant to the warrant (see, People v Monroe,
Furthermore, our review indicates that defendant’s challenges to the sufficiency of the search warrant application are without merit. We find no reason to criticize defense counsel for failing to pursue a potentially futile endeavor (see, People v Monroe, supra, at 563; People v Pray, supra, at 647). The description of the location of defendant’s residence contained in the warrant application is quite specific and identifiable under the circumstances (see, People v Guerrero,
Defendant’s remaining arguments that certain objects seized from his residence exceeded the scope of the search warrant and that he was acting as the agent of the informant-buyer have been examined and also found to be unpersuasive.
Mercure, Crew III, White and Peters, JJ., concur. Ordered that the judgment is affirmed.
