The People, etc., respondent, v John Brucciani, appellant. v. << (2011)

Argued-February 15, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 8, 2010, convicting him of criminal possession of marijuana in the second degree, upon his plea of guilty, and imposing sentence.   The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court properly denied that branch of his omnibus motion which was to suppress the physical evidence seized from his apartment pursuant to a search warrant.   Although the defendant challenges the reliability of the hearsay information provided by a confidential informant in the search warrant application, that application amply demonstrated the informant's reliability.   The application recited that the confidential informant was registered with the Rockland County Narcotics Task Force (hereinafter the Task Force) and had been working with the Task Force since March 2009.   Moreover, the application also recited, inter alia, that the informant, wearing an electronic listening and recording device, made two controlled buys of marijuana and attempted a third buy, all while under police supervision and surveillance, and police investigators were able to substantially corroborate key details of the transactions through their own observations (see People v. Vargas, 72 AD3d 1114, 1115-1116;  People v. Tarver, 292 A.D.2d 110, 115;  People v. Keyes, 291 A.D.2d 571;  People v. Williams, 247 A.D.2d 415, 416;  People v. Lavere, 236 A.D.2d 809;  People v. Davenport, 231 A.D.2d 809,810;  People v. Miner, 126 A.D.2d 798, 799-800).   Accordingly, the search warrant was properly upheld as valid.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court