New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
December 23, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
People v Hanks
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.
Decided on December 23, 2011
MOTION NO. (994/11)
MEMORANDUM AND ORDER
Motion for reargument granted, and upon reargument, the memorandum and order entered September 30, 2011 (87 AD3d 1370) is
amended by deleting the fifth sentence of the first paragraph of the memorandum and by deleting the first and second sentences
of the second paragraph of the memorandum and substituting the following sentences: "Contrary to the contention of defendant in
his main brief with respect to the first warrant and the contention of defendant in his main and pro se supplemental briefs
with respect to the fifth amended and extended warrant, the record supports the court's finding that the applications for
those warrants established that normal investigative procedures ha[d] been tried and ha[d] failed, or reasonably
appear[ed] to be unlikely to succeed if tried, or to be too dangerous to employ' (CPL 700.15 ; see People v Rabb, 16 NY3d 145, 152).
In affidavits supporting those warrant applications, a detective detailed the traditional investigative techniques, including but not limited to
physical surveillance and the use of confidential informants, that were utilized by Task Force Members beginning four months prior to the
issuance of the first warrant and continuing up to the date of the application for the fifth amended and extended warrant."
PRESENT: SCUDDER, P.J., SMITH, LINDLEY, SCONIERS, AND GORSKI, JJ. (Filed Dec. 23, 2011.)
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