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People v. Park
Citations: 266 A.D.2d 913; 697 N.Y.S.2d 795; 1999 N.Y. App. Div. LEXIS 11829
Court: Appellate Division of the Supreme Court of the State of New York; November 11, 1999; New York; State Appellate Court
Judgment affirmed unanimously. The defendant was convicted of criminal possession of marihuana in the second degree and appealed the County Court's denial of his suppression motion, arguing that the search warrant for his residence lacked probable cause. The court afforded deference to the issuing Magistrate's determination, concluding that the search warrant was indeed supported by probable cause. The informant's sworn testimony established the reliability required under the Aguilar-Spinelli test, indicating consistent drug transactions with the defendant over 18 years, including a prior observation of marihuana plants in the second-floor apartment. Evidence, such as an unusually high electricity bill for the unoccupied apartment, supported the inference of marihuana cultivation. The court found that the information was not stale, as the practical realities allowed for the use of a past state of facts that continued to indicate probable cause at the time of the warrant application. Continuous drug-dealing activities justified a longer time lapse for probable cause, and the 6 to 8 weeks between the informant's last purchase and the warrant issuance was deemed reasonable. The appeal was decided by Justices Denman, Pine, Hayes, Wisner, and Balio.