PEOPLE v. PORTER

104230.

101 A.D.3d 44 (2012)

952 N.Y.S.2d 678

2012 NY Slip Op 7156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES L. PORTER, Also Known as SPOOK, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

October 25, 2012.


Attorney(s) appearing for the Case

Matthew C. Hug , Troy, for appellant.

Robert M. Carney , District Attorney, Schenectady ( Gerald A. Dwyer of counsel), for respondent.

ROSE, SPAIN, MALONE JR. and GARRY, JJ., concur.


OPINION OF THE COURT

MERCURE, J.P.

In June 2009, a confidential informant (hereinafter CI) alleged to parole officer Charles Figel that defendant possessed a handgun at his residence. Figel and defendant's parole officer, Jeffrey Bovee, then searched the residence, as permitted by defendant's parole conditions. The search resulted in the discovery of a bullet under a couch cushion, but no weapon was found. Shortly thereafter, around 9:30 p.m. on the same...

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