People v. De Luca

Appeal from a judgment of the County Court of Albany County, rendered December 19, 1975, convicting defendant on his plea of guilty of criminal possession of a controlled substance in the sixth degree. Defendant contends that his sentence to an indeterminate sentence not to exceed four years was excessive. He also contends, inter alia, that his motion to quash the search warrant and to suppress evidence seized in the search conducted under said warrant was improperly denied. In support of his appeal on the denial of his suppression motion, defendant contends that the affidavit on which the…