Justia New York Court of Appeals Opinion Summaries

People v. McMillan

By
Defendant appealed the denial of his motion to suppress a firearm recovered from his vehicle, arguing primarily that the challenged search was unlawful under the Court of Appeals’ holding in People v. Huntley because it was premised on his status as a parolee but was conducted by police officers, not by his parole officer. The Court of Appeals affirmed Defendant’s convictions for criminal possession of a weapon in the second and third degrees and unlawful possession of marihuana, holding (1) a tip indicating that Defendant had a firearm in his vehicle taken together with Defendant’s reduced expectation of privacy provided support in the record for the conclusion that the search of Defendant’s vehicle was lawful and reasonable; and (2) there was support in the record for the trial court’s rejection of Defendant’s proffered race-neutral reason for exercising a peremptory challenge as to a prospective juror as pretextual. View "People v. McMillan" on Justia Law