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PEOPLE v. NOVICK
Appellate Division of the Supreme Court of New York, Second Department.
Apr 22, 2002
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ORDERED that the judgment is affirmed.
In support of his motion to renew and reargue his application to controvert the search warrant, the defendant failed to make the necessary "substantial preliminary showing" that the search warrant was issued based upon an affidavit containing knowingly or intentionally false statements or material omissions (Franks v. Delaware, 438 U.S. 154, 155-156; see People v. Alfinito, 16 N.Y.2d 181).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
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