People v Williams
2015 NY Slip Op 03415 [127 AD3d 612]
April 23, 2015
Appellate Division, First Department
As corrected through Wednesday, June 3, 2015


[*1]
 The People of the State of New York,Respondent,
v
Edward Williams, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel),for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel),for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J., at plea; PatriciaNunez, J., at sentencing), rendered August 22, 2012, convicting defendant of criminalpossession of a weapon in the second degree and criminal contempt in the first degree,and sentencing him to an aggregate term of 31/2 years, unanimouslyaffirmed.

Defendant's generalized challenge to a search warrant failed to preserve the particulararguments he makes on appeal, and we decline to review them in the interest of justice.As an alternative holding, we reject them on the merits. The warrant affidavit establishedthat the informant at issue was a presumptively reliable citizen-witness (see People vHetrick, 80 NY2d 344, 348 [1992]) who spoke from personal knowledge of thepresence of firearms in defendant's apartment at the time of the warrant application.Accordingly, the facts in the supporting affidavit satisfied each of the two prongs of theAguilar-Spinelli test (see Spinelli v United States, 393 US 410 [1969];Aguilar v Texas, 378 US 108 [1964]).

We perceive no basis for reducing the sentence, including the five-year term ofpostrelease supervision. Concur—Sweeny, J.P., Andrias, Manzanet-Daniels andClark, JJ.


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