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[T] People v. Ventura5/6/2004
orth in this affidavit in that capacity.
"There is probable and reasonable cause to believe and I do believe that there is evidence of the said described violation that the premises has been used or is being used as a two (2) family dwelling and the cellar is being used as an illegal apartment dwelling in violation of §79-2, §83-6, §112-7, §184-4, §248-6 A and §248-283 of the code of the Village of Westbury and New York State Multiple Dwelling Law §30 and §34.
"There is probable and reasonable cause to believe and I do believe that the aforesaid property may be found in or upon the premises hereinbefore described or designated. The facts supporting the probable and reasonable cause hereinbefore alleged are as follows:
"The subject property, 335 Princeton Street, is a two story house within the Incorporated Village of Westbury, New York. As shown on the records of the Department of Buildings of the Village of Westbury it is located on a quiet residential block consisting of one (1) family homes neatly maintained on a tree lined block.
"During the month of June 2003, I received information that the tenants of a cellar apartment located at 335 Princeton Street, Westbury, New York were seen leaving the house in the morning and returning late in the evening. The information was received from a confidential informant whom I consider reliable based upon past experience with the informant. This belief is also founded upon the information presently received when considered and evaluated in the light of all the facts and circumstances set forth in this affidavit.
"Acting on the information I received, as stated in this affidavit, I conducted the following further investigation to wit:
"(1) I reviewed a file maintained by the Department of Buildings with regard to 335 Princeton Street concerning previous complaints which had been received concerning over occupancy of the premises. Within the file I found the following, copies of which are attached:
"(a) The report of Frank Gagliano, dated 11/27/01, indicating observations of 7 to 8 cars at the premises. After running the plates, it was found that many of the plates came back as owned by individuals who had previously resided at 710 Jefferson Street in the Incorporated Village of Westbury, a location where an over occupancy case had previously been successfully prosecuted and resulted in a conviction of the owner. Upon attempting to gain permission to enter the premises at a side cellar entrance, permission to enter was denied and a baby's cries were heard coming from the basement.
"(b) A confidential written complaint, dated 6/5/02 from a resident of Princeton Street, indicating 20 people reside at 335 Princeton Street and over 7 cars are parked at the premises.
"(c) Three written statements, from three separate confidential informants, stating that they were being charged excessive rent for space that was not suitable to live in by Juan Cruz, all dated July 5, 2002. Two of the statements indicate occupancy of the basement and one indicates the rental of space in the basement for $400.00 per month.
"(d) Plates run obtained from premises run on 1/13/03 and 1/29/03 indicate the following owners:
Juan E. Cruz, Jose Ventura (2 vehicles), Maurice Gill, Cesar Collado, Romeo A. Cruz-Guillen, Rafael R. Ceja, and Patricia A. Tulloch.
"(2) During June and July 2003, I received confidential phone messages dated 6/25/03 and 6/30/03 and two written complaints from residents of Princeton Street. One of the written complaints included a list of residents and cars dated 7/17.03. These complaints indicated 22 to 35 people reside
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