Court of Appeals of New York

In this criminal case, defendant was convicted of criminal possession of a weapon in the second degree, and there was a suppression ruling that the warrantless search for and recovery of the gun was lawful. The Appellate Division affirmed, though the dissenting Justice granted defendant leave to appeal, arguing that "once the police frisked the defendant and knew that the children did not have the gun, the emergency abated." Judgment is affirmed, where there is record support for the majority's conclusion that the search was lawful under the emergency exception, and any further review is beyond this court's jurisdiction.

Appellate Information

• Decided 10/16/2014
• Published 10/16/2014

Judges

Court

• Court of Appeals of New York

Counsel