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PEOPLE v. HAIRSTON

233 A.D.2d 340 (1996)

649 N.Y.S.2d 813

The People of the State of New York, Respondent, v. Darryl Hairston, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 4, 1996

Ordered that the judgment is affirmed.

The defendant asserts that it was error to allow the People to introduce into evidence at trial a gun obtained by the police from the defendant's home in his absence and without a warrant. We conclude to the contrary.

The evidence tended to establish that the gun had been kept in the possession of the defendant's brother, but it failed to reveal from what room the brother retrieved...

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