| People v Wilson |
| 2008 NY Slip Op 00841 [48 AD3d 1099] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Stanley D.Wilson, Appellant. |
—[*1]
Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.),rendered January 19, 2005. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a controlled substance in the third degree (two counts) and tampering withphysical evidence.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of one count of tampering with physical evidence (Penal Law § 215.40 [2]) and two countsof criminal possession of a controlled substance in the third degree (§ 220.16 [1], [12]). Hecontends that Supreme Court erred in determining following a Darden hearing that theconfidential informant in fact existed and provided the information concerning two drug sales atthe location where defendant was subsequently arrested (see People v Darden, 34 NY2d177 [1974], rearg denied 34 NY2d 995 [1974]). We reject that contention (seegenerally People v Edwards, 95 NY2d 486, 493-494 [2000]; see generally Darden,34 NY2d at 181-182). Upon our review of the sealed transcript of the testimony at the Dardenhearing, as well as the court's requisite "summary report as to the existence of the informerand with respect to the communications made by the informer to the police to which the policetestify" made available to defendant and the People (Darden, 34 NY2d at 181), weconclude that the court properly concluded that the informant existed and that he provided theinformation to the police concerning the two drug sales at the specified location.Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.