People v Jones, 2011 NY Slip Op 07268 [88 AD3d 530]

October 18, 2011

Appellate Division, First Department

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Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Matthew T. Murphy of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert H. Straus, J.H.O., at Darden hearing; Michael R. Sonberg, J., at suppression hearing; Patricia M. Nunez, J., at plea and sentencing), rendered on June 17, 2010, as amended August 12, 2010, convicting defendant of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 3½ years, with an aggregate term of five years’ postrelease supervision, unanimously affirmed.

The court properly denied defendant’s suppression motion. This Court has conducted an in camera review of the minutes of the hearing conducted pursuant to People v Darden (34 NY2d 177 [1974]) and considered all of the arguments raised by defendant on appeal. We find that the search warrant was based on probable cause, and that there is no ground for suppression of any evidence.

We perceive no basis for reducing the postrelease supervision portion of defendant’s sentence. Concur—Mazzarelli, J.P., Moskowitz, Acosta, Renwick and DeGrasse, JJ..