PEOPLE v. TORDELLA


37 A.D.3d 500 (2007)

829 N.Y.S.2d 602

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICK TORDELLA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 6, 2007.


Ordered that the judgment is affirmed.

The Supreme Court properly denied, without a hearing, the defendant's motion to controvert the two search warrants issued. The defendant failed to make the necessary substantial preliminary showing that the warrants were based upon affidavits containing false statements made knowingly or intentionally or with reckless disregard for the truth (see Franks v Delaware,

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