← Cases

People v. Kitt

145 A.D.3d 528 Court N.Y. App. Div. Decision date 2016-12-13 English

Judges Concur— Torn, J.P., Friedman, Saxe, Feinman and Kahn, JJ.

Contents

Majority

p. 528
The People of the State of New York, Respondent, v Terrell Kitt, Appellant.
[41 NYS3d 886]

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered September 16, 2014, as amended November 5, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of eight years, unanimously affirmed.

We find that the court properly denied defendant’s motion challenging a search warrant. We have reviewed the unre-

p. 529
dacted search warrant affidavit, and we conclude that it clearly established probable cause (see People v Salas, 29 AD3d 451 [1st Dept 2006], lv denied 7 NY3d 794 [2006]).

We perceive no basis for reducing the sentence.

Concur— Torn, J.P., Friedman, Saxe, Feinman and Kahn, JJ.