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People v. Clemente

156 A.D.3d 552 Court N.Y. App. Div. Decision date 2017-12-28 English

Judges Concur—Acosta, P.J., Richter, Mazzarelli, Andrias and Gesmer, JJ.

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p. 552
The People of the State of New York, Respondent, v John Clemente, Appellant.
[65 NYS3d 698]

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered January 10, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of one year, unanimously affirmed.

Following our in camera review of unredacted search warrant documents, we find that there was probable cause for the issuance of the warrant. A reliable confidential informant personally made two controlled buys, and this information was verified by the police who supervised the buys (see e.g. People v Jaen, 140 AD3d 594 [1st Dept 2016], lv denied 28 NY3d 931 [2016]). The informant’s account of the buys was detailed, and the information was not stale.

Concur—Acosta, P.J., Richter, Mazzarelli, Andrias and Gesmer, JJ.

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