Q14617218CRIMINAL COURT OF THE CITY OF NEW YORK

PART APAR, COUNTY OF QUEENS

THE PEOPLE OF THE STATE OF NEW YORK STATE OF NEW YORKCOUNTY OF QUEENS

V.

DANIEL P TONE (42Y) IDEFENDANT

POLICE OFFICER BRYAN SORRELLS OF PBQN ANTI-CRIME UNIT, TAX REG((:947504, BEING DULY SWORN, DEPOSES AND SAYS THAT ON OR ABOUT MARCH 192014 BETWEEN 5:00AM AND 5:30AM, INSIDE OF 39/14 44 STREET, COUNTY OFQUEENS, STATE OF NEW YORK, THE DEFENDANT COMMITTED THE OFFENSES OF:

PL 220.16-1 [BF] CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THETHIRD DEGREE - (DNA SAMPLE REQUIRED UPON CONVICTION) (2 COUNTS)

PL 265.03 (1) (B) (EFF 12/15/2006) [CF] CRIMINAL POSSESSION OF AWEAPON IN THE SECOND DEGREE - ANARMED FELONY OFFENSE; (DNA SAMPLE REQUIRED UPON CONVICTION) (4

COUNTS)PL 220.06-01 [DF] CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE FIFTH

DEGREE - (DNA SAMPLE REQUIRED UPON CONVICTION)PL 265.02-3 [DF] CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE -

(DNA SAMPLE REQUIRED UPON CONVICTION) (2 COUNTS)PHL 3382 (AM] GROWING OF THE PLANT KNOWN AS CANNABIS BY UNLICENSED

PERSON (7 COUNTS)PL 220.50-3 (AM] CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECOND

DEGREE - (DNA SAMPLE REQUIRED UPON CONVICTION)AC 10-131 (B) (1( [UM] FIREARMS (3 COUNTS)PL 221.05 [V] UNLAWFUL POSSESSION OF MARIHUANA

PL 220.16-1 [BF] CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THETHIRD DEGREE - (DNA SAMPLE REQUIRED UPON CONVICTION) (2 COUNTS)

KNOWINGLY AND UNLAWFULLY POSSESS A NARCOTIC DRUG WITH INTENTTO SELL IT;

PL 265.03 (1) (B) (EFF 12/15/2006) [CF] CRIMINAL POSSESSION OF A WEAPONIN THE SECOND DEGREE - AN ARMED FELONY OFFENSE; (DNA SAMPLE REQUIREDUPON CONVICTION) (4 COUNTS)

WITH INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER,POSSESS A LOADED FIREARM;

PL 220.06-01 [DF] CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE FIFTHDEGREE - (DNA SAMPLE REQUIRED UPON CONVICTION)

- - - KNOWINGLY AND UNLAWFULLY POSSESS A CONTROLLED SUBSTANCE WITHINTENT TO SELL IT;

PL 265.02-3 [DF] CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE -(DNA SAMPLE REQUIRED UPON CONVICTION) (2 COUNTS)

KNOWINGLY HAVE IN THE DEFENDANTS POSSESSION A MACHINE-GUN,FIREARM, RIFLE OR SHOTGUN WHICH HAD BEEN DEFACED FOR THE PURPOSEOF CONCEALMENT OR PREVENTION OF THE DETECTION OF A CRIME ORMISREPRESENTING THE IDENTITY OF SUCH MACHINE-GUN, FIREARM, RIFLEOR SHOTGUN

PHL 3382 (AM] GROWING OF THE PLANT KNOWN AS CANNABIS BY UNLICENSEDPERSON (7 COUNTS)

WITHOUT BEING LICENSED SO TO DO UNDER THIS ARTICLE, GREW THEPLANT OF THE GENUS CANNABIS OR KNOWINGLY ALLOWED IT TO GROW ONHIS LAND WITHOUT DESTROYING THE SAME;

PL 220.50-3 (AM] CRIMINALLY USING DRUG PARAPHERNALIA IN THE SECONDDEGREE - (DNA SAMPLE REQUIRED UPON CONVICTION)

KNOWINGLY POSSESS OR SELL SCALES AND BALANCES USED ORDESIGNED FOR THE PURPOSE OF WEIGHING OR MEASURING CONTROLLEDSUBSTANCES, UNDER CIRCUMSTANCES EVINCING AN INTENT TO USE, ORUNDER CIRCUMSTANCES EVINCING KNOWLEDGE THAT SOME PERSON INTENDSTO USE, THE SAME FOR PURPOSE OF UNLAWFULLY MANUFACTURING,PACKAGING OR DISPENSING OF ANY NARCOTIC DRUG OR STIMULANT;

AC 10-131 (B) (1) [UN] FIREARMS (3 COUNTS)

SELL, OFFER TO SELL OR HAVE IN SUCH PERSONS POSSESSION ANYAIR PISTOL OR AIR RIFLE OR SIMILAR INSTRUMENT IN WHICH THEPROPELLING FORCE IS A SPRING OR AIR, EXCEPT THAT THE SALE OF SUINSTRUMENTS IF ACCOMPANIED BY DELIVERY TO A POINT WITHOUT THECITY, AND POSSESSION FOR SUCH PURPOSE, SHALL NOT BE UNLAWFUL IFSUCH PERSON SMALL HAVE SECURED AN ANNUAL LICENSE FROM THE POLICCOMMISSIONER OF THE CITY AUTHORIZING SUCH SALE AND POSSESSION.;

PL 221.05 [V] UNLAWFUL POSSESSION OF MARIHUANAKNOWINGLY AND UNLAWFULLY POSSESS MARIHUANA.

THE ABOVE OFFENSES WERE COMMITTED AS FOLLOWS;

DEPONENT STATES THAT AT THE ABOVE MENTIONED DATE, TIME, AND PLACE OF OCCURRENCE,HE EXECUTED A SEARCH WARRANT ISSUED BY THE HONORABLE JUDGE JOHN ZOLL OF THE QUE

ENS COUNTY CRIMINAL COURT. DEPONENT FURTHER STATES THAT HE IS INFORMED BY SERGEANT KANG, TAX NO. 936840, THAT HE OBSERVED THE DEFENDANT, DANIEL TONE, ATTEMPTING

TO FLEE THE LOCATION THROUGH THE GARAGE DOOR.

DEPONENT FURTHER STATES THAT HE OBSERVED AND RECOVERED, FROM THE BASEMENT OF SAlD LOCATION: A DEFACED .357 TAURUS REVOLVER, LOADED WITH SIX (6) ROUNDS; A DEFACED GLOCK 9 MM SEMIAUTOMATIC, LOADED WITH FIFTEEN (15) ROUNDS IN THE MAGAZINE; A22 HIGH STANDARD MFG SEMIAUTOMATIC, LOADED WITH TEN (10) ROUNDS IN THE MAGAZINE;

AND A .44 RUGER REVOLVER, LOADED WITH 6 ROUNDS. DEPONENT FURTHER STATES THAT TNE ABOVE MENTIONED TAURUS REVOLVER AND GLOCK SEMIAUTOMATIC ARE DEFACED IN THAT TNE SERIAL NUMBERS ARE ILLEGIBLE AND APPEAR TO HAVE BEEN GROUND OFF.

DEPONENT FURTHER STATES THAT HE RECOVERED SEVENTEEN (17) 9 MM CARTIDGES, FIFTY50) .357 ROUNDS, TWENTY-FOUR .44 ROUNDS, SIX (6) 38 MM ROUNDS, SIXTY-THREE (63)22 SHELLS, AND NINE (9) 12 GAUGE SHELLS.

DEPONENT FURTHER STATES THAT NE RECOVERED TWO (2) AIR PISTOLS AND ONE (1) AIR RIFLE FROM THE ABOVE MENTIONED LOCATION. DEPONENT FURTHER STATES THAT HIS CONCLUSION THAT SAID WEAPONS ARE AIR PISTOLS AND AN AIR RIFLE IS BASED UPON HIS TRAINING

AND EXPERIENCE AND THE FACT THAT THE DEPONENT ACTIVATED SAID WEAPONS AND SAID WEAPONS ARE PROPELLED BY THE FORCE OF AIR.

DEPONENT FURTHER STATES THAT HE RECOVERED A ZIPLOCK BAG CONTAINING A QUANTITY OFCOCAINE, AS WELL AS A QUANTITY OF LOOSE COCAINE FROM A BOWL. DEPONENT FURTHER S

TATES THAT HE RECOVERED THREE (3) DIGITAL SCALES, EACH CONTAINING A QUANTITY OFCOCAINE. DEPONENT FURTHER STATES THAT HIS CONCLUSION THAT THE ABOVE MENTIONED RECOVERED SUBSTANCE IS COCAINE IS BASED ON HIS EXPERIENCE AS A POLICE OFFICER ANDTRAINING IN THE IDENTIFICATION AND PACKAGING OF CONTROLLED SUBSTANCES AND MARIJUANA.

DEPONENT FURTHER STATES THAT HE RECOVERED FORTY-EIGHT (48) XANAX PILLS AND ONE HUNDRED THIRTY-SIX (136) HYDROMORPHONE PILLS FROM THE ABOVE MENTIONED LOCATION. DEPONENT FURTHER STATES THAT HIS CONCLUSION THAT THE ABOVE MENTIONED RECOVERED SUBSTANCES ARE XANAX AND HYDROMORPHONE IS BASED ON HIS EXPERIENCE AS A POLICE OFFICER AND TRAINING IN THE IDENTIFICATION AND PACKAGING OF CONTROLLED SUBSTANCES AND MARIJUANA.

DEPONENT FURTHER STATES THAT HE RECOVERED A ZIP BAG OF MARIJUANA FROM THE ABOVEMENTIONED LOCATION. DEPONENT FURTHER STATES THAT HIS CONCLUSION THAT SAID RECOVERED SUBSTANCE IS MARIJUANA IS BASED ON MIS EXPERIENCE AS A POLICE OFFICER AND TRAIMING IN THE IDENTIFICATION AND PACKAGING OF CONTROLLED SUBSTANCES AND MARIJUANA, AS WELL AS A FIELD TEST, WHICH THE DEPONENT PERFORMED ON SAID RECOVERED SUBSTANCE AND WHICH TESTED POSITIVE FOR MARIJUANA.

DEPONENT FURTHER STATES THAT HE RECOVERED, FROM AN UPSTAIRS BEDROOM AT THE ABOVEMENTIONED LOCATION, SEVEN (7) CANNABIS PLANTS. DEPONENT FURTHER STATES THAT HISCONCLUSION THAT THE RECOVERED PLANTS ARE CANNABIS PLANTS IS BASED ON HIS EXPERI

ENCE AND TRAINING AS A POLICE OFFICER.

DEPONENT FURTHER STATES THAT HE RECOVERED, FROM A BEDROOM IN THE ABOVE MENTIONEDLOCATION, A UNITED HEALTH CARE BILL BEARING THE DEFENDANTS NAME, ADDRESSED TO

THE ABOVE MENTIONED LOCATION.

DEPONENT FURTHER STATES THAT HE RECOVERED, FROM THE DEFENDANT, THREE THOUSAND ONE HUNDRED TWENTY-FOUR DOLLARS UNITED STATES CURRENCY ($ 3124 USC.)