People v Van Dyke

People v Van Dyke 2007 NY Slip Op 03003 [39 AD3d 280] April 10, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent,
v
Harry Van Dyke, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.

Harry Van Dyke, appellant pro se.

Robert M. Morgenthau, District Attorney, New York (Karen Schlossberg of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J., on suppression motions; Maxwell Wiley, J., at plea and sentence), rendered May 5, 2005, convicting defendant of four counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

Based upon our review of the minutes of the Darden hearing (People v Darden, 34 NY2d 177 [1974]), we conclude that there was probable cause for issuance of the search warrant (see generally Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]). We have examined defendant's pro se arguments and find them without merit. Concur—Saxe, J.P., Williams, Buckley, Catterson and Malone, JJ.