| People v DeWitt |
| 2013 NY Slip Op 04175 [107 AD3d 1452] |
| June 7, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vMichael P. DeWitt, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (David Dys of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (William F. Kocher, J.),rendered December 7, 2011. The judgment convicted defendant, upon his plea of guilty,of criminal sale of a controlled substance in the third degree (four counts), criminal saleof a controlled substance in or near school grounds, criminal possession of a controlledsubstance in the seventh degree (four counts), criminal possession of a weapon in thesecond degree, criminal possession of a controlled substance in the third degree (twocounts), criminal possession of a controlled substance in the fifth degree, criminallyusing drug paraphernalia in the second degree and unlawful possession of marihuana.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of, inter alia, criminal possession of a weapon in the second degree (Penal Law§ 265.03 [3]). Contrary to defendant's contention, the search warrant and thesupporting affidavit identified the make, model, color and identification number of thevehicle to be searched and thus described with sufficient particularity the vehicle to besearched (see generally People v Nieves, 36 NY2d 396, 401 [1975]; People vPalmeri, 272 AD2d 968, 969 [2000], lv denied 95 NY2d 967 [2000]).Although the vehicle was mistakenly listed in the warrant under the heading "persons,""hypertechnical accuracy" of the description in the warrant is not required(Nieves, 36 NY2d at 401). Thus, we conclude that County Court properly deniedthat part of defendant's omnibus motion seeking suppression of the gun seized during thesearch of defendant's vehicle pursuant to the search warrant. Present—Centra, J.P.,Fahey, Lindley, Sconiers and Valentino, JJ.