People v. Williams

Apr 23, 2015
14926 5499/10 1101/11
Versions:127 A.D.3d 612
8 N.Y.S.3d 133

Defendant’s generalized challenge to a search warrant failed to preserve the particular arguments he makes on appeal, and we decline to review them in the interest of justice. As an alternative holding, we reject them on the merits. The warrant affidavit established that the informant at issue was a presumptively reliable citizen-witness (see People v Hetrick, 80 NY2d 344, 348 [1992]) who spoke from personal knowledge of the presence of firearms in defendant’s apartment at the time of the warrant application. Accordingly, the facts in the supporting affidavit satisfied each of the two prongs of the Aguilar-Spinelli test (see Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]).

We perceive no basis for reducing the sentence, including the five-year term of postrelease supervision. Concur—Sweeny, J.P., Andrias, Manzanet-Daniels and Clark, JJ.