Opinion
2015-04-23
The PEOPLE of the State of New York, Respondent, v. Edward WILLIAMS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent.
SWEENY, J.P., ANDRIAS, MANZANET–DANIELS, CLARK, JJ.
Judgment, Supreme Court, New York County (Maxwell Wiley, J. at plea; Patricia Nunez, J. at sentencing), rendered August 22, 2012, convicting defendant of criminal possession of a weapon in the second degree and criminal contempt in the first degree, and sentencing him to an aggregate term of 3 1/2 years, unanimously affirmed.
Defendant's generalized challenge to a search warrant failed to preserve the particular arguments he makes on appeal, and we decline to review them in the interest of justice. As an alternative holding, we reject them on the merits. The warrant affidavit established that the informant at issue was a presumptively reliable citizen-witness ( see People v. Hetrick, 80 N.Y.2d 344, 348, 590 N.Y.S.2d 183, 604 N.E.2d 732 [1992] ) who spoke from personal knowledge of the presence of firearms in defendant's apartment at the time of the warrant application. Accordingly, the facts in the supporting affidavit satisfied each of the two prongs of the Aguilar–Spinelli test ( see Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 [1969]; Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 [1964] ).
We perceive no basis for reducing the sentence, including the five-year term of postrelease supervision.