United States Second Circuit

Conviction for firearms possessions is affirmed where: 1) the district court properly denied defendant's motion to suppress evidence seized from his house as defendant's live-in girlfriend had authority to occupy the premises and consented to the police search; and 2) the court did not abuse its discretion in denying defendant's motion to adjourn the trial upon the filing of the superseding indictment, as the ruling was not arbitrary and did not prejudice defendant by depriving him of adequate opportunity to prepare.

Appellate Information

• Decided 04/24/2009
• Published 04/24/2009

Judges

• LEVAL, Circuit Judge:, Before:  LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• James P. Vacca, Rochester, N.Y., for Defendant-Appellant., Monica J. Richards, Assistant United States Attorney for Terrance P. Flynn, United States Attorney for the Western District of New York, Buffalo, N.Y., for Appellee.