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People v. Garcia

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 1, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DANNY GARCIA, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Gregory Carro, J. at motion to controvert; Arlene Goldberg, J. at plea and sentence), rendered January 29, 2008, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Andrias, Nardelli, DeGrasse, Freedman, JJ.

1093/07

Upon our in camera review of the search warrant materials, we are satisfied that there was probable cause to issue the warrant (see People v Bigelow, 66 NY2d 417, 423 [1983]), as well as compliance with the applicable procedural requirements.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091001

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