Majority
p. 439The People of the State of New York, Respondent, v James Rodriguez, Appellant.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 18, 1988, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of imprisonment of 8 years to life, unanimously affirmed.
Although preserved for review, we hold, contrary to defendant’s contention, that the IAS court properly reviewed the People’s ex parte motion for a protective order to deny disclosure of the affidavit supporting the search warrant, having made an in camera examination of the search warrant application and motion, filed a written decision explaining its
p. 440
decision, and ordered a Darden hearing (People v Darden, 34 NY2d 177 ). It was not necessary that the confidential informant be present at the Darden hearing, since he had already been produced before the warrant-issuing Magistrate who was able to establish his existence and reliability (People v Carpenito, 171 AD2d 45 , 50, lv granted 78 NY2d 1126 ). We have considered defendant’s other claims and find them to be without merit. Concur — Murphy, P. J., Rosenberger, Ellerin, Ross and Rubin, JJ.
Cases cited
- People v. Darden 34 NY2d 177 p. 440
- People v. Carpenito 171 AD2d 45 at 50 p. 440