People v. Williams, 249 A.D.2d 343 (N.Y. App. Div. 1998). · Go Syfert
People v. Williams, 249 A.D.2d 343 (N.Y. App. Div. 1998). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 6 distinct courts.
Strongest positive: People v. Suarez (nyappdiv, 2025-01-15)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Suarez
N.Y. App. Div. · 2025 · confidence medium
"There is a strong judicial preference for search warrants, and courts should not analyze applications in a grudging or hypertechnical manner when determining whether they meet constitutional standards" ( People v Williams , 249 AD2d 343, 344 [citation and internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Huginnie
N.Y. App. Div. · 2024 · confidence medium
"There is a strong judicial preference for search warrants, and courts should not analyze applications in a grudging or hypertechnical manner when determining whether they meet constitutional standards" ( People v Williams , 249 AD2d 343, 344 [citation and internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Williams
nywestchcty · 2022 · confidence medium
Application and Order were supported by probable cause and contained a sufficiently particular description of the item to be searched. 9 [* 9] People v Williams, 249 AD2d 343, 344 [2d Dept 1998], 1v. denied 92 NY2d 883 [1998]).
discussed Cited as authority (rule) People v. Perez
nywestchcty · 2022 · confidence medium
To establish probable cause, "a search warrant application must provide the magistrate with information sufficient to support a reasonabl~ belief that evidence of illegal activity will be present at the specific time and place" (People v. Edwards, 69 NY2d 814,816 [1987]; see People v Lambey, 176 AD3d 1232 , 1233 [2d Dept 2019]; People v Murray, 136 AD3d 714, 714 [2d Dept 2016], Iv. denied 27 NY3d 1003 [2016] People v. Leggio, 84 AD3d 1116, 1117 [2d Dept 2011]; People v Griffin, 28 AD3d 578 , . 578-579 [2d Dept 2006], Iv. denied 7 NY3d 789 [2006]; People v Green, 10 AD3d 731 , 731-732 [2d Dept …
discussed Cited as authority (rule) People v. Lambey
N.Y. App. Div. · 2021 · confidence medium
"There is a strong judicial preference for search warrants . . . and courts should not analyze applications in a grudging or hypertechnical manner when determining whether they meet constitutional standards" ( People v Williams , 249 AD2d 343, 344 [citation and internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Hayon
N.Y. Sup. Ct. · 2017 · confidence medium
The application for the search warrant “must provide the magistrate with information sufficient to support a reasonable belief that evidence of illegal activity will be present at the specific time and place of the search” (People v Edwards, 69 NY2d 814, 816 [1987]; People v Williams, 249 AD2d 343, 344 [2d Dept 1998]).
cited Cited as authority (rule) People v. Cooper
N.Y. App. Div. · 2014 · confidence medium
There is a strong judicial preference for search warrants (see People v Hanlon, 36 NY2d 549, 558 [1975]; People v Williams, 249 AD2d 343, 344 [1998]).
cited Cited as authority (rule) People v. Leggio
N.Y. App. Div. · 2011 · confidence medium
There is a strong judicial preference for search warrants (see People v Hanlon, 36 NY2d 549, 558 [1975]; People v Corr, 28 AD3d 574 [2006]; People v Williams, 249 AD2d 343, 344 [1998]).
cited Cited as authority (rule) People v. Corr
N.Y. App. Div. · 2006 · confidence medium
There is a strong judicial preference for search warrants (see People v Hanlon, 36 NY2d 549, 558 [1975]; People v Williams, 249 AD2d 343, 344 [1998]).
discussed Cited "see" People v. Russell
N.Y. App. Div. · 2003 · signal: see · confidence high
“The information supplied by the confidential informant, who testified under oath before the issuing magistrate, was sufficient to establish probable cause” (People v Hendrix, 298 AD2d 951, 952 [2002], lv denied 99 NY2d 536 [2002]; see People v Williams, 249 AD2d 343, 344 [1998], lv denied 92 NY2d 883 [1998]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Arnold Williams
Appellate Division of the Supreme Court of the State of New York.
Apr 6, 1998.
249 A.D.2d 343
1998 N.Y. App. Div. LEXIS 3621
Cited by 17 opinions  |  Published

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lebowitz, J.), rendered May 16, 1996, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree (two counts), criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), criminal possession of a weapon in the fourth degree (two counts), criminally using drug paraphernalia in the second degree, and endangering the welfare of a child, upon his plea of guilty, and imposing sentence. The appeal brings up for review (1) the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements he made to the police, and (2) the denial, without a hearing, of that branch of defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court should have suppressed the physical evidence recovered by the police. He argues that the search warrant had been issued improperly[*344] because it was based upon an affidavit which was stale since it indicated only that drugs had been seen on the premises within the previous two-week period. There is a strong judicial preference for search warrants (see, People v Hanlon, 36 NY2d 549), and “courts should not analyze applications in a grudging or hypertechnical manner when determining whether they meet constitutional standards” (People v Edwards, 69 NY2d 814, 816; see also, People v Hanlon, supra, at 558). The search warrant application must provide the court with sufficient information to support a reasonable belief that evidence of illegal activity will be present at the specific time and place of the search (see, People v Bigelow, 66 NY2d 417, 423; People v Edwards, supra, at 816).

Here, the informant’s first-hand observations, related to the court in sworn testimony, provided ample information sufficient for the court to reasonably believe that an on-going drug enterprise was being operated from the subject premises. Thus, the information upon which the court relied in issuing the search warrant was not rendered stale by the two-week delay between the observations of the informant and the issuing of the warrant (see, People v Mallory, 234 AD2d 913, 914; People v Telesco, 207 AD2d 920, 921).

In addition, the defendant was not entitled to an Alfinito hearing (see, People v Alfinito, 16 NY2d 181; Franks v Delaware, 438 US 154). The defendant is not entitled to such a hearing where, as here, he challenges the credibility of the source of information i.e., the informant, but only where he attacks the veracity of the police officer affiant (see, People v Slaughter, 37 NY2d 596, 600; People v Bashian, 190 AD2d 681, 682).

The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. O’Brien, J. P., Joy, Altman and Luciano, JJ., concur.