Opinion
June 18, 1990
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
The defendant contends on appeal that the information contained in the affidavit of Police Officer Robert Nonnenmacher was insufficient to justify the issuance of a warrant authorizing the search of his home. We disagree.
It is well settled that a search warrant must be supported by a reasonable belief that an offense has been or is being committed, or that evidence of criminality may be found in a certain place (see, People v. Bigelow, 66 N.Y.2d 417; People v. Londono, 148 A.D.2d 753). At bar, the affidavit in support of the application for the search warrant relayed details of a tape-recorded conversation in which the defendant stated, inter alia, "don't forget my gun because I want to put it in my house". The officer further averred that the defendant was not licensed to carry or possess a handgun.
Contrary to the defendant's assertions, we find that the foregoing information was sufficient to furnish probable cause to issue the search warrant (see, People v. Edwards, 69 N.Y.2d 814; People v. Cassella, 143 A.D.2d 192; People v. Marinelli, 100 A.D.2d 597). We further find that the eight-day delay between the tape-recorded conversation and the issuance of the search warrant did not render the information stale (see, People v. Padilla, 132 A.D.2d 578; People v. Tune, 103 A.D.2d 990).
We have examined the defendant's remaining contention and find it to be without merit. Thompson, J.P., Brown, Eiber and Miller, JJ., concur.