PEOPLE v. JIMENEZ (2023)

Judgment, Supreme Court, New York County (Maxwell Wiley, J., at motion to controvert the search warrant;  Ruth Pickholz, J., at suppression hearing, plea, and sentencing), rendered July 19, 2016, 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 seven years, unanimously affirmed.

The court properly denied defendant's motion to controvert the search warrant.  The warrant was based on probable cause and created a sufficient nexus between the firearm and defendant's car, justifying a search of the vehicle (see People v. Ventura, 217 A.D.3d 507, 508, 191 N.Y.S.3d 40 [1st Dept. 2023], lv denied 40 N.Y.3d 952, 195 N.Y.S.3d 663, 217 N.E.3d 684 [2023]).

Defendant's request for a Franks hearing was properly summarily denied.  He failed to make a “substantial preliminary showing” that the purported statements he made to his wife and at the precinct relating to his ownership of the vehicle were false statements that the affiant officer “knowingly and intentionally” or “with reckless disregard for the truth” included in the warrant affidavit (Franks v. Delaware, 438 U.S. 154, 155–156, 98 S.Ct. 2674, 57 L.Ed.2d 667 [1978]).

Defendant abandoned his request to expand the Huntley hearing to determine the voluntariness of the statements he made at the precinct by failing to bring it to the hearing court's attention (see People v. Brimage, 214 A.D.2d 454, 454–455, 631 N.Y.S.2d 2 [1st Dept. 1995], lv denied 86 N.Y.2d 732, 631 N.Y.S.2d 613, 655 N.E.2d 710 [1995]).