Opinion
15091, 4512/02
05-14-2015
The PEOPLE of the State of New York, Respondent, v. Steven DARBASIE, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Steve Darbasie, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Richard Nahas of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Steve Darbasie, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Richard Nahas of counsel), for respondent.
TOM, J.P., SWEENY, ANDRIAS, MOSKOWITZ, GISCHE, JJ.
Opinion Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered June 12, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of six years to life, unanimously affirmed.The court properly denied summarily defendant's motion to controvert a search warrant. Defendant was not entitled to a Franks/Alfinito hearing (see Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 [1978] ; People v. Alfinito, 16 N.Y.2d 181, 264 N.Y.S.2d 243, 211 N.E.2d 644 [1965] ), because he failed to make the necessary “substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit” (Franks, 438 U.S. at 155–156, 98 S.Ct. 2674 ). Defendant only challenged the veracity of the information provided to the police officer affiant by an undercover detective, and not that of the affiant himself (see People v. Slaughter, 37 N.Y.2d 596, 600, 376 N.Y.S.2d 114, 338 N.E.2d 622 [1975] ; People v. Solimine, 18 N.Y.2d 477, 276 N.Y.S.2d 882, 223 N.E.2d 341 [1966] ).
We perceive no basis for reducing the sentence.
We have considered and rejected the arguments raised in defendant's supplemental pro se brief.