{"id":56479,"date":"2023-12-07T16:36:34","date_gmt":"2023-12-07T21:36:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56479"},"modified":"2023-12-08T08:34:39","modified_gmt":"2023-12-08T13:34:39","slug":"ny1-defs-franks-challenge-and-7-year-sentence-summarily-affirmed-7%c2%bd-years-later","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56479","title":{"rendered":"NY1: Def&#8217;s <em>Franks<\/em> challenge denial and 7 year sentence summarily affirmed 7\u00bd years later"},"content":{"rendered":"\n<p>\u201cDefendant&#8217;s request for a Franks hearing was properly summarily denied. He failed to make a \u2018substantial preliminary showing\u2019 that the purported statements he made to his wife and at the precinct relating to his ownership of the vehicle were false statements that the affiant officer \u2018knowingly and intentionally\u2019 or \u2018with reckless disregard for the truth\u2019 included in the warrant affidavit.\u201d People v. Jimenez, 2023 NY Slip Op 06318 (1st Dept. Dec. 7, 2023).* The sentence of seven years was July 2016. The appeal was decided seven years and five months later.<\/p>\n\n\n\n<p>Even excluding information from one source in the RICO search warrant, there was [way, way more than] probable cause for the warrant, and the Franks challenge is denied. United States v. Pulliam, 2023 U.S. Dist. LEXIS 216813 (D. Conn. Dec. 6, 2023).*<\/p>\n\n\n\n<p>2255 petitioner\u2019s ineffective assistance of counsel petition alleges no facts or law on the Fourth Amendment claim. Denied. United States v. Foreman, 2023 U.S. Dist. LEXIS 216845 (M.D. La. Dec. 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDefendant&#8217;s request for a Franks hearing was properly summarily denied. He failed to make a \u2018substantial preliminary showing\u2019 that the purported statements he made to his wife and at the precinct relating to his ownership of the vehicle were false &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56479\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,126,20],"tags":[],"class_list":["post-56479","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-issue-preclusion","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56479","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56479"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56479\/revisions"}],"predecessor-version":[{"id":56489,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56479\/revisions\/56489"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56479"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56479"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56479"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}