| People v Mason |
| 2009 NY Slip Op 07311 [66 AD3d 487] |
| October 13, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Steven Mason, Appellant. The People of the State of New York,Respondent, v Reginald Rabb, Appellant. |
—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Kerry S. Jamieson ofcounsel), for Reginald Rabb, appellant. Robert M. Morgenthau, District Attorney, New York (Susan Axelrod of counsel), forrespondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), renderedNovember 29, 2007, convicting defendant Steven Mason, upon his plea of guilty, of enterprisecorruption, grand larceny in the second degree (two counts) and attempted grand larceny in thesecond degree, and sentencing him, as a second felony offender, to an aggregate term of7½ to 15 years, unanimously affirmed.
Judgments, same court and Justice, rendered November 8, 2007, convicting defendantReginald Rabb, upon his pleas of guilty, of enterprise corruption, grand larceny in the seconddegree (two counts), attempted grand larceny in the second degree and criminal possession of aweapon in the fourth degree, and sentencing him, as a second felony offender, to an aggregateterm of 8½ to 17 years, unanimously affirmed.
The court properly denied defendants' motions to suppress evidence acquired fromeavesdropping. The eavesdropping warrants made the type of particularized showing ofnecessity required by CPL 700.15 (4). The affidavits were not conclusory, but instead provideddetailed reasons why normal investigative procedures would likely be unsuccessful (compareUnited States v DiMuro, 540 F2d 503, 510-511 [1st Cir 1976], cert denied 429 US1038 [1977], with United States v Santora, 600 F2d 1317 [9th Cir 1979], and Peoplev Fonville, 247 AD2d 115[*2][1998]). The affiant's relianceon experience obtained in a closely related investigation into similar activities by other suspectswas proper, because the affidavit was sufficiently specific in showing the connection betweenthe two investigations. Since defendants never attacked the credibility of the affiant, the courtproperly denied the motions without a hearing (see People v Rock, 33 AD3d 334 [2006], lv denied 8NY3d 848 [2007]). Concur—Saxe, J.P., Nardelli, Buckley, Acosta and Freedman, JJ.